Chief Justice of India B R Gavai has raised concerns about the diminishing application of the legal principle that ‘bail is the rule, jail is the exception.’ This principle, which is foundational to ensuring justice and fairness in legal proceedings, appears to have been overlooked in recent times. Despite efforts to integrate this principle into judicial processes, its application has been inconsistent, leading to prolonged detentions without trial.

In a recent address, CJI Gavai emphasized the importance of this principle in maintaining a balanced judicial system. He noted that the principle is crucial for protecting individual freedoms and preventing unnecessary incarceration. The Chief Justice highlighted his own efforts in 2024 to reinforce this doctrine by granting bail in several high-profile cases. These included the cases of Prabir Purkayastha, Manish Sisodia, and Kavita vs. the Enforcement Directorate (ED), where he took decisive steps to uphold the principle.

The neglect of this principle has significant implications for the justice system, potentially leading to overcrowded prisons and undermining public confidence in legal processes. CJI Gavai’s remarks serve as a reminder of the judiciary’s role in safeguarding civil liberties and ensuring that detention is not used as a punitive measure before a fair trial.

The Chief Justice’s comments have sparked discussions among legal experts and policymakers about the need for reforms to ensure that bail remains a fundamental right rather than an exception. As the judiciary continues to navigate complex legal landscapes, reinforcing such principles is essential for upholding justice and equity.