The 11th Justice VR Krishna Iyer Memorial Lecture in Kochi, had the Chief Justice Of India (CJI), Justice BR Gavai stressing on the principle of the forgotten principle, “bail is the rule, jail is the exception”, a groundbreaking concept initiated by the legendary Supreme Court Judge, late Justice VR Krishna Iyer. The event was held to commemorate the ‘Role of Justice VR Krishna Iyer in Balancing Fundamental Rights and Directive Principle of State Policy’.

This legal principle, Justice Gavai noted, has not been followed by courts in the recent past, adding that Justice Krishna Iyer also strongly believed that undertrails should not be kept in jail for a long period without trial.

CJI further added that he has tried to reiterate the principle while handling the cases of Prabir Puryakastha,Manish Sisodia and K kavitha. The cases mentioned by CJI Gavai in his address concerned the arrests of three individuals( in separate cases) in 2024. Purkayastha was arrested by Delhi Police under the Unlawful Activities Prevention Act (UAPA). Aam Aadmi Party leader Sisodia and Bharat Rashtra Samithi (BRS) leader Kavitha were arrested in connection with the alleged Delhi Liquor Scam.

The bail applications or petitions challenging the legality of arrests in the three cases were handled by the Supreme Court bench headed by Justice Gavai and the investigating agencies in each case were held responsible and pulled up for their handling of the cases and the arrests.

Highlighting the evolution of bail jurisprudence, Justice Gavai noted that in Gudikanti Narasimhulu Vs High Court of Andhra Pradesh(1978), Justice Iyer opened his order with the poser ‘Bail or Jail’’. He outlined the relevant factors, which included the period in prison already spent, the prospect of the appeal being delayed for hearing and was always in favour of granting bail.

Justice Iyer was against imposing onerous conditions relating to security and sureties. CJI Gavai further quoted that ‘ Heavy bail from poor man is obviously wrong.Poverty is society’s malady and sympathy, not sternness is the judicial response’.

Justice Gavai also praised the late Justice V.R. Krishna Iyer for his commitment to tackling gender inequality, improving prison conditions, and protecting the rights of the marginalised and vulnerable sections of society.

He went on to highlight Justice Iyer’s pivotal role in shaping the jurisprudence on Public Interest Litigation (PIL). Lauding the late judge’s judicial acumen Justice Gavai said, “ A new public interest jurisprudence was developed. The traditional 'locus standi' norms were abandoned, epistolary litigation was promoted, and a strategy for assisting the disadvantaged and underprivileged was devised. As a result of this profound shift, the Supreme Court gained significant worldwide prominence and attention. This innovative weapon, which was initially employed by public-spirited citizens to file PILs on behalf of sections of the society that were unable to do so on their own on account of the economic and social constraints, is still bringing about unheard-of improvements in people's daily lives today’’.

Source:-News