District Judges Should Not Be Put Under Pressure Of Being Targeted For Granting Bail : Bombay HC Chief Justice Dipankar Dutta

Bombay High Court's Chief Justice Dipankar Datta, on Monday, said that the judges in the lower judiciary should not work under the fear of being targeted while deciding bail applications and said that any judge rejecting bail applications for that reason would be "travesty and miscarriage of justice." Reassuring the lower judiciary to work without any fear in such cases, and told his colleagues in the High Court to not criticise the judges. Justice Datta said, "We shouldn't criticize judges. We have the duty to ensure that the rule of law is upheld and, in the process, we may also criticize the judgement, but not the judges. Let district judges not work under the severe pressure of being targeted if they grant bail". "….it would be a travesty of justice, it would be a miscarriage of justice if a judge in his own personal interest does not grant bail in a case which so deserves," he added. Justice Datta also said that cases where granting of bail appeared "not normal" should be dealt on the disciplinary side, stating that the higher judiciary had the power of disciplinary control under article 235 of the Constitution. "We know that if any complaint is received from a particular judge on the judicial side that here is matter which does not appear to be normal and that the disciplinary committee should look into it, this is the place where we exercise our powers. We separate the grain and chaff and take appropriate action." Justice Datta was addressing a gathering during the K T Memorial lecture, and was responding to what the Justice D Y Chandrachud, the Chief Justice of India, had said on Saturday. Justice Chandrachud had said that the reason why the higher judiciary was flooded with bail applications was because of the reluctance of the grass roots to grant bail, and the reason was not that they did not have the ability or they did not understand the crime, but because there was a sense of fear that somebody will the judge on the ground that bail was granted in a heinous case. Justice Datta also said that judges take the oath of administering justice without fear and they should pass reasoned order for the grant/rejection of bail, as those reasons would act as a shield (for the concerned judge) when the matter travels higher up. Justice Datta also welcomed the announcement by CJI Chandrachud that 10 bail applications will be listed every day before all the judges in the Supreme Court. Justice Datta called this a beginning in the right direction to those who have suffered a temporary loss of liberty, but added that much needs to be done at the grassroot level as well as the High Court level. Justice Datta also commented that people are not content with what they have and there is stiff competition to outrun each other, saying that greed is the seed of all criminal activities. "Forgetful of what is good and evil, people are allowing selfishness, dishonesty and greed for wealth power and property to overtake their principle. It is agonising that corrupt minds arising out of deep-rooted moral degradation and an unsatiated greed for wealth power and what not, have been like termites eating the moral fabric of the country to the detriment of the national interest and economy". He concluded his address by expressing hope and trust that member of the criminal justice delivery system would give their best to bring about the transformations suggested by former CJI Uday Lalit.

District Judges Should Not Be Put Under Pressure Of Being Targeted For Granting Bail : Bombay HC Chief Justice Dipankar Dutta

Sharmeen Hakim

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