BENGALURU: Chief Justice of India (CJI) DY Chandrachud has called for trial judges to perform their duties without fear of distrust, emphasizing the need for fair and timely justice.
“People who should be getting bail in the trial courts are not getting it there, so they have to invariably move to the high courts. People who should be getting bail in the high courts will not necessarily get it, so they have to move to the Supreme Court. This delay compounds the problem for those who are facing arbitrary arrests,” he said.
Speaking at the 11th annual conference of the Berkeley Centre for Comparative Equality and Anti-Discrimination Law, hosted by the National Law School of India University (NLSIU) at the Bangalore International Centre, Justice Chandrachud stressed the need for judges to employ “a robust common sense” and urged the public to trust decision-makers.
He highlighted the importance of trusting lower-level courts within the hierarchical legal system. “We have to encourage trial courts to be more receptive to the need to accommodate the concerns of people who are seeking liberty,” he said.
“Unfortunately, the problem today is that we look at any grant of relief by trial judges with a degree of suspicion. This means the trial judges are increasingly playing it safe, not granting bail on important issues of serious crimes.”
Using a narcotics case as an example, the CJI illustrated how understanding the role of the accused—whether a cleaner, driver, or owner—is crucial for fair judgement.