Post by Surya.R Shaiva

Alliance school of law, Alliance university. Para Legal Volunteer, DLSA, Bengaluru Rural

✨ “The Supreme Court has become a Bail Court” – Justice B.V. Nagarathna ✨ On Friday, Justice B.V. Nagarathna candidly observed the overwhelming number of bail matters reaching the Supreme Court. The bench had to hear 25 bail cases in one day and 19 on the next, prompting her to remark: “One after the other we are considering either granting or refusing bail. The Supreme Court has become a bail court.” She reflected on the strain such cases put on the apex court and highlighted deeper systemic concerns: 🚨 Rising crime rates and the need for judicial impact assessments in relation to societal changes. ⚖️ Lower courts hesitating to grant bail due to fear, leading to an excessive flow of bail matters to the SC. ⏳ By the time a matter reaches the Supreme Court, the accused has often already spent considerable time in custody, the charge sheet is filed, and trials have commenced — influencing bail considerations. Senior Advocate Gopal Sankaranarayanan also pointed out that bail, which could have been granted earlier by trial courts or High Courts, ends up being granted only at the Supreme Court level — an avoidable burden on the apex court. This concern is not new. In recent years, Justices BR Gavai and Sanjay Kishan Kaul also flagged how bail and remission cases occupy a significant portion of the SC’s docket, sometimes up to one-third of all cases. 👉 The repeated reminders from the Supreme Court underline the urgent need for reforms in bail jurisprudence and greater confidence among trial and High Courts in safeguarding personal liberty at the earliest stage. 🔎 Key takeaway: Bail jurisprudence must trickle down effectively to lower courts. Liberty delayed is justice denied. #SupremeCourt #Justice #Bail #Judiciary #RuleOfLaw #LegalReforms

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