In Presence Of Prime Minister Modi, Kapil Sibal Complains Of Bail-Denial In Lower Courts At Judicial Conference Speech

Senior advocate and SC Bar Association President Kapil Sibal on Saturday (31 August) expressed concern over lower courts' reluctance to grant bail in significant cases.

Sibal was addressing the inaugural event of the two-day National Conference of District Judiciary.

Prime Minister Narendra Modi and Chief Justice of India D Y Chandrachud were also present at the conference.

"The fact that the trial court and the district courts are loath to grant bail in matters of some significance is itself symptomatic of the malaise that has set in," Sibal said.

"In the course of my career, I have seldom witnessed the grant of bail at that level. This is not just my experience but even the Chief Justice of India has said often enough that the Courts at the highest level are burdened with matters of bail because, at the level of trial courts and district and sessions courts, bail seems to be an exception. Of course, it goes without saying that the grant of bail is dependent on the facts and circumstances of each case," he said, Livelaw reported.

He added, "Liberty is the foundational sub-stratum of a thriving democracy and any attempt to throttle it impacts the quality of our democracy".

Sibal emphasised that trial court and district court judges need to be assured that their judgments will not be held against them, so that they can deliver justice without fear.

"Our trial court, district and sessions courts need to be empowered to deliver justice without fear or fervour. Unless people at the bottom of the pyramid have the ability to withstand the pressure, the superstructure of the polity will not be able to deliver. I don't want to call the judiciary at the level of trial and district courts "subordinate", because the judges who are sitting there deliver justice and the question of being "subordinate" to any authority is a contradiction in terms," Sibal said.

"The judiciary at that level should be instilled with the confidence that their judicial pronouncements shall never be held against them and that they represent the spinal cord of the justice delivery system. They should have the flexibility and independence to deliver justice without fear or favour," he added.

Also Read: Amid Outrage Over Kolkata Doctor Case, PM Modi Bats For Swift Justice In Crimes Against Women At Judicial Conference