Justice VR Krishna Iyer’s principle ‘bail is rule and jail exception’ somewhat forgotten by courts: CJI Gavai

Justice VR Krishna Iyer’s principle ‘bail is the rule and jail an exception’ has been somewhat forgotten by courts in recent time, Chief Justice of India BR Gavai has said.

Delivering the 11th Justice VR Krishna Iyer Memorial Lecture organised by Sarada Krishna Satgamaya Foundation for Law and Justice at the Kerala High Court on Sunday on “Role of Justice VR Krishna Iyer in Balancing the Fundamental Right and Directive Principles of State Policy”, the CJI said Justice Krishna Iyer strongly believed that undertrials should not be kept in jail for long periods without trial.

Noting that Justice Krishna Iyer was well known for breaking new ground in the Indian judiciary by asserting what was once considered a taboo: “Bail is the rule, and jail is the exception,” Justice Gavai said. “In the recent past, this principle was somewhat forgotten. I am happy to state that I had the opportunity in 2024, to reiterate this legal principle in the cases of Prabir Purkayastha, Manish Sisodia, and Kavita versus ED.”

“Heavy bail from poor man is obviously wrong. Poverty is society’s malady and sympathy, not sternness, is the judicial response,” the CJI quoted Justice Iyer as having said.

“Every time a Bench prioritises substantive justice over technicalities, every time a judgment expands the protective umbrella of fundamental rights for the vulnerable, every time the court exercises its power to uphold human dignity and social equity, Justice Krishna Iyer’s legacy is not just honoured, but actively lived,” he said.

“In my journey, as a judge for the last 22 years, I have attempted to follow Justice Krishna Iyer’s legacy towards commitment to socio-economic justice, " CJI Gavai said.

“He demonstrated how judicial activism, particularly through the pioneering of PIL, could be a powerful tool to bridge the gap between constitutional ideals of Directive Principles and lived realities of Fundamental Rights, making justice accessible and meaningful for all,” the CJI said.

“Justice Iyer’s more than seven-year tenure on the Supreme Court left a permanent mark. He frequently provided relief to litigants from “weaker sections” of society who might otherwise have been denied justice on technicalities. His influence stemmed from his unique values, unconventional approach, innovative methods, and the distinctive language and style of his judgments, all of which continue to be studied and admired even today,” Justice Gavai said.