'Grassroots level judges reluctant to grant bail for fear of being targeted'
New Delhi: Chief Justice of India D Y Chandrachud on Saturday stressed the need to learn to trust the district judiciary, saying it would truly answer the needs of common citizens who seek access to justice.
According to Live Law, CJI Chandrachud said: "The way we look at the district judiciary affects deeply our own personal liberty as citizens. If district judges do not have the confidence in their own abilities, in their own respect in the hierarchical system, how would we expect a district judge to grant bail in an important case."
He was speaking at a function organised by the Bar Council of India to felicitate him on being appointed as the CJI.
He said the higher judiciary is getting "flooded" with bail matters because of the reluctance at the grassroots level to grant bail.
"And why judges at the grassroots are reluctant to grant bail, not because they don't have the ability, not because the judges at the grassroots don't understand the crime," he said, adding there is a "sense of fear" among the judges at the grassroots that if he grants bail "will somebody target me tomorrow on the ground that I granted bail in this heinous case".
He added: "This sense of fear nobody talks about, but which we must confront because unless we do that, we are going to render our district courts toothless and our higher courts dysfunctional."
Why should one distrust any person who grants relief to a citizen, he asked.
He said much has to be done for improving the service conditions of the district judiciary. "But above all, we have to bring to our district judiciary a sense of dignity, a sense of self-worth, a sense of confidence in their own respectability, which is why I always say our district judiciary is not a subordinate judiciary," he said.
He said the apex court may lay down "big ticket judgments" on important issues, but the district judiciary defines the peace, the happiness, tranquillity and faith of the common citizens.
The CJI's comments have come against the backdrop of the Supreme Court emphasising that bail remains the rule and jail is the exception.
Despite this, several political prisoners – including activists and journalists – have been repeatedly denied bail.
Union Law minister Kiren Rijiju was also present at the occasion.
He raised concerns over several lawyers meeting CJI regarding transfers.
"I heard some lawyers want to meet CJI regarding the transfer case. It can be an individual issue but if it becomes a recurring instance for every decision by the Collegium which is supported by government then 'Where will it lead to', whole dimension will change," Rijiju said.
Justice Chandrachud is known as a progressive and liberal judge of the country. He is also considered very sensitive to the fundamental rights of citizens and the most distinctive feature of Justice Chandrachud is known for his tough attitude towards the abusers. Born on November 11, 1959, Justice Chandrachud was appointed judge of the Supreme Court on May 13, 2016.
He was the Chief Justice of the Allahabad High Court from October 31, 2013, until his appointment to the Supreme Court.
