I Have Always Granted Bail From A To Z, From Arnab To Zubair : CJI DY Chandrachud

Speaking at yesterday's discussion organised by The Indian Express, Chief Justice of India D.Y. Chandrachud answered many pressing issues and controversies including whether the Supreme Court stands true to the 'bail is the rule, jail an exception' principle. 

Set to demit the office on November 10, CJI was asked by Apurva Vishwanath, The Indian Express, what institutional processes and mechanisms are required to prevent cases such as that of G.N. Saibaba and Stan Swamy, who have languished as undertrial prisoners for years in jail. G.N. Saibaba suffered 90% disability and relied on a wheelchair for mobility, suffered from multiple medical issues while he remained incarcerated for over 10 years in prison.

Saibaba, who passed away recently had been just acquitted by the Bombay High Court for the second time, after the Trial Court convicted him of offences under the stringent Unlawful Activities (Prevention) Act, 1967. The Court said there is absolutely no evidence to make for a case under UAPA. 

When he was acquitted by the Bombay High Court for the first time for want of sanctions under UAPA, a vacation bench of the Supreme Court sat on Saturday, stayed his release and remitted the matter for a fresh hearing by the High Court. He was continuously denied bail on medical grounds and was also denied parole to attend his mother's funeral. Similarly, father Stan Swamy, accused in the Bhima Koregaon matter where UAPA was invoked, passed away as an undertrial prisoner awaiting bail on medical grounds. 

Answering the question, CJI at the outset stated that it is because of media, particularly journalistic media, that certain cases assume prominence. Based on that, the Court is either criticised or appreciated. But added that assuming significance in the media is not enough because often "when a judge applies their mind to the record, what emerges from the record may be very different from what is portrayed in media on merits of the particular case".

CJI added: "For one or two cases which you mentioned, I can tell you a dozen cases, sensitive cases and somebody will call them politically sensitive cases or politically important personalities whose names I can't mention as CJI, we have dealt with those cases and bail has been granted."

Vandita Mishra, the Opinion Editor of The Indian Express, added another name to the list: Umar Khalid. She referred to the anti-CAA riots case and the Bhima Koregaon case and stated that in both matters, bail pleas remain pending for years and years and asked if the 'bail is the rule, jail an exception' is being arbitrarily applied because the Court intervenes in some bail matters and drops the ball to the lower court in others. 

Khalid has been an undertrial prisoner under the UAPA in a case of larger conspiracy related to the 2020 North-East Delhi riots for the last 4 years and counting.

To this, CJI speaking for himself, said that he takes primacy of liberty and tries to grant bail to everyone in accordance with the law. He said: "Speaking for myself, I have always granted bail from A to Z. From Arnab to Zubair. That's my philosophy."

He added that many parameters have to be taken into consideration, CJI averred: "You have to look at the nature of offence, you have to look at the variety of circumstances when you decide a bail case-prima facie the case made out, is there a likelihood of the trial prolonged indefinitely, is there likelihood of the accused tampering with evidence, and likelihood of the accused not being available to face trial."

Defending that the Supreme Court must refer the matter to the Trial Court to decide bail applications, CJI said that it is only the "resourced" people or those who can hire certain lawyers who approach the Supreme Court as the first forum. Usually, most people go to the Trial Court and that's why they make no exception in this regard. 

He stated that it remains a matter of concern for him as a CJI that the principle of 'bail is rule and jail an exception' has not permeated to the Trial Courts. 

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