Supreme Court sees surge in pendency in matters concerning bail: Justice BR Gavai

Supreme Court/ File pic

Justice Bhushan R Gavai of the Supreme Court has noted a troubling trend in which bail petitions are increasingly being presented before the supreme court due to refusals in lower courts, including district and high courts.

During the 'bhoomi pujan' of a new court building in Pimpri Chinchwad, Maharashtra's Pune district, Justice Gavai revealed that each bench of the Supreme Court now hears between 15 to 20 bail cases every day, reported PTI.

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According to the report, Justice Gavai said, "These days the situation is such that bail is not granted in the district court. It has become a challenge to get bail even in the high courts. Therefore, the pendency of bail matters in the Supreme Court is going up."

He, per the report, voiced dismay at the difficulty in obtaining bail, claiming that even district judges are hesitant to issue it, making it difficult to gain relief even in high courts. As a result, the Supreme Court's backlog of bail cases continues to grow.

Justice Gavai also questioned the judiciary's reluctance to give bail, comparing it to the brave and unbiased demeanour of Ramshastri Prabhune, the esteemed chief justice of the Maratha empire in the late 18th century, the news agency said in its report.

"Even after spending 9-10 years in jail before the trial is over, if judges don't consider the bail plea (of an accused), (then) we should think about the current system," he said.

Concurrently, Justice Abhay Oka, another Supreme Court Justice present at the occasion, spoke about the growing number of marital conflicts and the need to increase the number of family courts nationwide to address this issue adequately.

"This has become a serious issue, particularly in cities. There are 10-15 cases filed for one marriage dispute. There is a need to increase the number of district, sessions and family courts," he said.

According to the PTI report, Justice Oka later asked the legal community to refrain from performing rituals on court grounds, encouraging them to begin their job by venerating a copy of the Constitution. As the country celebrates 75 years since the adoption of the Constitution, he emphasised the need to show devotion and preserve its ideals in all legal procedures.

"As we complete 75 years of adopting the Constitution, we should start this practice to show respect and to implement its values," he said at the gathering, per PTI report.