Justice Gavai highlighted the surge in bail pleas reaching the Supreme Court due to lower courts’ reluctance, urging for judicial reform. Justice Oka emphasized the need for more family courts to address the rising marriage disputes and advocated for honoring the Constitution in legal proceedings. Their remarks underscore the need for action and reflection in the Indian legal system.
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In a recent statement that has brought to light the increasing challenges within the Indian judicial system, Justice Bhushan R Gavai pointed out the significant rise in the number of bail pleas in the Supreme Court, attributing this trend to the reluctance of district courts and high courts to grant bail. Speaking at a ‘bhoomi pujan’ ceremony for a new court building in Pune’s Pimpri Chinchwad, Justice Gavai expressed concern over the growing backlog of bail matters.
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According to Justice Gavai, each bench of the Supreme Court is now handling between 15 to 20 bail matters daily, a situation that underscores the pressing issues at the lower levels of the judiciary.
“These days the situation is such that bail is not granted in the district courts. It has become a challenge to get bail even in the high courts. Therefore, the pendency of bail matters in the Supreme Court is going up,”
he remarked, emphasizing the urgent need for judicial introspection and reform.
Drawing inspiration from the historical figure of Ramshastri Prabhune, the revered Chief Justice of the Maratha Empire known for his courageous and unbiased judgments, Justice Gavai questioned the current reluctance to grant bail. He highlighted the grave scenario where individuals spend nine to ten years in jail before their trial concludes, urging the judiciary to reconsider their stance on bail pleas.
In the same event, Supreme Court judge Justice Abhay Oka addressed another growing concern within the legal system: the rise in disputes related to marriages. He pointed out the urgent need to expand the number of family courts across the country, especially in urban areas where the frequency of such disputes is notably higher.
“This has become a serious issue, particularly in cities. There are 10-15 cases filed for one marriage dispute,”
Justice Oka observed, calling for an increase in district, sessions, and family courts to cope with the demand.
Justice Oka also advised the legal fraternity to honor the Constitution more explicitly in their daily proceedings. With India celebrating 75 years of adopting the Constitution, he suggested that legal professionals should begin their work by bowing before a copy of the Constitution, a gesture to show respect and commitment to its values.
The statements from Justices Gavai and Oka shed light on the multifaceted challenges facing the Indian judiciary, from the backlog of bail cases to the increasing disputes in family courts. Their observations call for a collective reflection and action within the legal community to uphold the principles of justice and efficiency in the judicial process.
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