Chief Justice of India B.R. Gavai has rued the fact that the decades-old phrase “bail is the rule and jail is an exception”, coined by former Supreme Court judge V.R. Krishna Iyer, is increasingly being forgotten.

The CJI’s remark comes against the backdrop of growing criticism of the perceived reluctance of courts to grant bail to accused persons, leading to their prolonged incarceration.

“Justice Krishna Iyer also strongly believed that undertrials should not be kept in jail for long periods without trial. He is 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 an exception,'" CJI Gavai said at the 11th Justice V.R. Krishna Iyer Memorial Law Lecture in Kerala on Saturday.

“In the recent past, this principle was somewhat forgotten. I am happy to state that I had the opportunity in the last year to reiterate this legal principle in the cases of Prabir Purkayastha, Manish Sisodia and Kavita vs ED,” he added, referring to the bail granted to the three individuals accused of money laundering.

Justice Gavai also recalled Justice Iyer’s judgment in the Gudikanti Narasimhulu vs High Court of Andhra Pradesh case, which said courts, while granting bail, must consider the time already spent by the accused in jail and the expected delay in hearing.

“He was in favour of granting bail, stipulating protective and curative conditions. He was definitely against imposing onerous conditions relating to security and sureties,” Justice Gavai said, pointing out that Justice Iyer believed that “poverty is society’s malady and sympathy, not sternness, is the judicial response”.