.A malaise is evident in trial judges’ unwillingness to issue bail-in key cases: Kapil Sibal
He asserted that the fear demonstrated by trial courts to grant bails in important cases is a clear sign of the ailment that the democracy has been suffering from as per the prominent Senior Advocate and the SCBA President Kapil Sibal today.
To this, Sibal said he was speaking from experience and also drawing attention to the fact that the Chief Justice of India DY Chandrachud has also made remarks in the past about this reluctance contributing to the workload of the higher courts.
In a matter of some importance, trial court, district and sessions courts are extremely reluctant to grant bail and this in itself is indicative of a situation that has arisen, In my entire career, I have rarely seen, orders being made for bail at that level, This is not just my observation, even the Chief Justice of India has said this; The higher courts are over burdened, precisely because bail, at the lower level is granted only in exceptional
He pointed out that the judges of trial court and district court should also feel that one day they will not be asked about such judgment so that they can free themselves while delivering justice.
Speaking to Parry, he noted as follows: “I supported the measures seeking to enhance the authority of the trial and sessions courts to deliver justice without influence from other players in the society. Such courts cannot be considered subordinate as they dispense justice. They are the spinal cord of the justice delivery system and should be advised to carry out their mandate without the possibility of their personal welfare being compromised,” he said.
The senior lawyer also pointed out that the ratio of a judge to people of India is one of the lowest across the world, which is why district and sessions judges were overworked.
The Senior Advocate was speaking at the inauguration of the National Conference of District Judiciary.
The event came to a close after the prime guest of honour Chief Guest and guest present, CJI Chandrachud also spoke.
