District Judiciary Fearful About Granting Bail To Undertrials Due To Subordination Culture Existing B/W HCs & District Judges: CJI DY Chandrachud

“There is a fear psychosis in our district judiciary. Both Judges and the members of Bar will agree with me. I am not being critical but we have to introspect. The district Judciary is fearful of granting bail because, over a period of time, we have a culture of subordination between the High Courts and district Judiciary. We have not created a footing of equality between the District Judges and the High Courts,” he said

Stressing the importance of the District Judiciary in the justice dispensation mechanism, he said that the District judiciary is the cornerstone for the administration of justice for every state in the country.  

"The district judiciary is the first point of contact when a citizen has a problem whether it is maintenance, whether she has been thrown out of her house by the inlaws and has to seek a remedy under Prevention of Domestic Violence Act, or when senior citizens have to move for securing their own rights in face of a family. The whole process of inspection by the administrative judges, it reeks fear in the minds of district judges, This cultire of subordination has to change” he added.

CJI DY Chandrachud also highlighted the hesitation of the bar members in arguing criminal appeals.

“Why is the bar so eager to decide bails but not willing to argue criminal appeals? I think all of us need to sit together to resolve this issue. Because this is doing a disservice to our state. The large pendency of criminal appeals. This is not undoable. This is not a situation which has gone out of control.”

He added that “this has another consequence which is of equal greater concern to me which is the inability of our courts to grant bails to undertrials.”

He said that the judges in the Supreme Court are forced to grant bail since most of the people accused of small and petty offences have been in jail for -1-2 years as under trial. They run to the Supreme Court for bail and the bails are granted because the judges realize that their “appeals will never come or see the light of the day”.

Further, speaking about his experience as the Chief Justice of the Allahabad High Court and visiting various district courts across the State of UP, CJI DY Chandrachud said

“When I travelled across the state as the Chief Justice of the High Court, I found a marked difference, the young judges so bright, so full of hope. They would talk to you as if they were taking to a friend, a member of the family. The more senior judges, so sober, so quite, so withdrawn. You had to draw them in a conversation. They would be very reluctant to speak to you. That has to change, and the duty to do that lies in us as judges.”

CJI DY Chandrachud stressed on the importance of proper and efficient infrastructure for effective dispensation of justice in District Courts. “Our courts should not be known by the reeky old infrastructure, by the absence of toilets for women, by the absence of facilities,” he said.

While remembering his time as an administrative judge of Kohlpaur District, Maharastra, he said that in those days, there was only one toilet for the women judges, and to reach that they had to pass through a corridor, where undertrials and convicts brought to the court, were seated. He said that the senior woman district judge had told him how awkward it was for them to pass that. He added that he was told that the female judges leave home at 8 in the morning and the next time they go to the toilet is after 6pm when they reach their homes.

“This reflects the reality of our system,” he said as he added that in the Supreme Court, it has been tried to ensure that there are toilets for women and that every toilet has a sanitary napkin dispenser. “How are we going to create a working space for women which is accessible, which is welcoming of them,” he said.

“In many states including Uttar Pradesh, the new recruits to the district judiciary, over 50% are women. The new lawyers who are coming into our system because of the spread of education.. yesterday we inaugurated RPNLU Prayagraj, now we have to NLUs in UP. With a large number of women coming into the profession. Women are being encouraged by their parents for coming into the legal profession. Many of them are joining the district judiciary because district judiciary is giving them secure conditions of work. You don't have to face the uncertainty of private practice at the bar. But it our duty then to create dignified conditions of work for them so that they can flourish in the district judiciary,” he further added.

CJI DY Chandrachud said that soon they will be holding a conference in Kutch, Gujarat for the District Judiciary, providing them a forum to interact with the judges and voice their concerns.

In the ceremony, it was disclosed that an integrated district courts programme has been proposed in various Districts of UP. Pilot projects in 10 districts: Oraiya, Amethi, Chanduauli, Chitrakoot, Hapur, Hathras, Mahoba, Sohnbhadra, Sambhal and Shamli have been chosen for the initial phase. A plot area of 25 acres has been identified, out of which 17 acres will be utilized for non-residential and 8 acres for residential purposes.

Speaking about the Arbitration Center, CJI DY Chandrachud has that it has been named in such a way to enable access to general public.

“It is called the Arbitration Center, Prayagraj. Calling it the arbitration center for High Court would give an impression that it is an arm of the Allahabad High Court, arm of the State, the nation state. The business community always has some reservations with arbitration.”

He also urged that not only judges but senior and young members of the bar must be a part of the Arbitration Center. He also emphasized that engineers, chartered accountants, etc should also be made a part of the Arbitration Center.

“We can train the younger members of the bar. This will be a training ground for them to become judges of the High Court in future. A lawyer appointed as arbitrator in their 30s or early 40s completes arbitration within record time as a call of duty to the court. So in the choice of arbitrators, lets broaden the horizon and bring in people who are engineers, chartered accountants, young members of the bar, senior members of the bar. because these are people who have the voice of the community.

While talking about party autonomy involved in choosing arbitrators, CJI light-heartedly added

“In the High Court or Supreme Court, the lawyers don't choose the judge they are going to appear before. Though I have found that there is a bit of forum shopping involved but lawyers don't choose a judge.”