CJI BR Gavai criticises ignoring the principle of ‘Bail is the Rule, Jail is the exception’; highlights Kavitha, Sisodia, and Purkayastha cases

New Delhi: In a significant statement, the Chief Justice of India (CJI) BR Gavi recently emphasised that the fundamental legal principle “bail is the rule, jail is the exception” has been overlooked in recent judicial practices. Addressing the 11th Justice VR Krishna Iyer Memorial Law Lecture in Kochi on July 6, CJI Gavai highlighted his efforts to reassert this important principle while dealing with high-profile cases, particularly the arrests of prominent political figures, including Manish Sisodia, Kavitha, and Prabir Purkayastha, in 2024.

Speaking about the groundbreaking work of the legendary Supreme Court judge, Justice VR Krishna Iyer, CJI Gavai lamented that the idea that bail should be the default option and jail the exception had been disregarded in recent judicial proceedings. He pointed out that this crucial rule was particularly relevant in cases involving Prabir Purkayastha, Aam Aadmi Party leader Manish Sisodia, and Bharat Rashtra Samithi (BRS) leader K. Kavitha.

“Justice Iyer was a staunch advocate for the principle that undertrials should not be kept in jail without a trial for extended periods. He famously stated that ‘Bail is the rule, and jail is the exception,’ a stance that, unfortunately, has been sidelined in recent years. However, in 2024, I had the opportunity to reinstate this principle in the cases of Prabir Purkayastha, Manish Sisodia, and Kavitha v. ED,” CJI Gavai remarked.

These cases involved the arrests of three individuals under different circumstances: Purkayastha was apprehended by the Delhi Police under the Unlawful Activities (Prevention) Act (UAPA). In contrast, Sisodia and Kavitha were arrested in connection with the alleged Delhi liquor scam. The Supreme Court Benches handled petitions for bail and challenges to the legality of arrests, presided over by Justice Gavai. In each case, the investigating agencies were scrutinized for their handling of the arrests.

The CJI further elaborated on Justice Iyer’s pioneering contributions to bail jurisprudence, referencing the landmark case of Gudikanti Narasimhulu v. High Court of Andhra Pradesh (1978), in which Justice Iyer made a profound statement in favour of granting bail under certain circumstances. Justice Iyer focused on crucial factors, including the duration of imprisonment already served, the likelihood of delays in the appeal, and the socioeconomic background of the accused. He famously stated, “Heavy bail from a poor man is wrong. Poverty is society’s malady, and sympathy, not sternness, is the judicial response.”

Focusing on the Kavitha Case in Telangana
As part of the 2024 developments, CJI Gavai specifically mentioned the Kavitha case, underlining how the legal principle of “bail is the rule” was tested during her arrest in connection with the Delhi liquor scam. Kavitha, the daughter of Telangana Chief Minister K Chandrashekhar Rao, was arrested by the Enforcement Directorate (ED) and subjected to intense judicial scrutiny. Despite her high-profile status and political affiliation, her case raised serious questions about the proportionality and fairness of the legal actions taken by the investigating agencies.

The Chief Justice emphasised that in such cases, it is crucial to ensure that the legal process adheres to established norms and respects individual rights, regardless of the accused’s political standing or public stature. Justice Gavai’s comments resonate particularly in the context of political leaders facing alleged corruption charges, underscoring the importance of ensuring that “bail” remains the default. At the same time, “jail” is used as a last resort.

Justice Iyer’s Legacy in Expanding Public Interest Law
In his address, CJI Gavai also honoured the late Justice VR Krishna Iyer for his pioneering role in expanding public interest jurisprudence, primarily through Public Interest Litigations (PIL). Justice Iyer’s efforts broke down the traditional norms of ‘locus standi’ (the right to bring a case), making it easier for disadvantaged and marginalized communities to seek legal redress. This transformative approach brought the Supreme Court into the global spotlight, enabling it to make decisions that continue to impact the lives of citizens.

“Justice Iyer’s jurisprudence evolved to address not just the freedom to acquire wealth but the freedom from poverty and suffering. His work in PILs has allowed the judiciary to reach those in need of protection, including those who couldn’t approach the court due to social and economic constraints,” CJI Gavai explained.

A Look Ahead
The event, which took place at the Kerala High Court and was live-streamed by Bar & Bench, also saw attendance from several current and former judges of the Supreme Court and various High Courts. The discussions reflected on how judicial activism, particularly in relation to fundamental rights and directives on state policy, continues to shape India’s legal landscape.

CJI Gavai’s remarks reinforce the idea that the courts must maintain a balance between judicial intervention and the preservation of fundamental rights, particularly when dealing with high-profile cases involving individuals like Kavitha and Sisodia. The emphasis on the principle that bail is the norm and jail is the exception serves as a timely reminder for the Indian judiciary to ensure justice is served with fairness and transparency, irrespective of the status or political power of the accused.