A crucial push for civil liberty
Hindustan TimesIn a democracy, the judiciary performs several functions. Therefore, Chief Justice of India Dhananjaya Y Chandrachud’s decision last week to prioritise matters of personal liberty and grant immediate hearing to petitions asking for bail is a laudable step. Justice Chandrachud said a full court meeting adopted a resolution to hear 10 bail matters and 10 transfer petitions each day of the week, underlining that a decision was taken to give precedence to cases where petitioners have been inside jails or fear imminent curtailment of liberty. This can have an immediate impact because the criminal justice system is littered with examples where people are incarcerated without being convicted of any crime due to unjust arrests and denial of bail, despite the Supreme Court consistently underlining, for almost four decades, that bail should be the rule and jail the exception. But the apex court’s decision can move the needle by pushing for a change in mindsets, especially of trial judges who act as the first arbiters of personal liberty, and the police, which must refrain from filing flimsy charges just to secure incarceration.