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Kapil Sibal’s Speech In Presence Of CJI, PM Modi Goes Viral (Photo Facebook)
Supreme Court Bar Association President advocate Kapil Sibal today made a fiery speech in the presence of India’s Chief Justice DY Chandrachud and Prime Minister Narendra Modi, flagging the issues gripping the lower courts.
The senior advocate was speaking at the inaugural event of the two-day National Conference of District Judiciary. The country is also celebrating 75 years of Supreme Court formation day, with the Prime Minister unveiling a stamp coin in commemoration of the day.
While speaking at the event, Sibal, a former MP, expressed concerns over the rising trend of the lower courts rejecting bail in deserved cases. The advocate said that the trial court and the district courts are unwilling to grant bail in matters of some significance, and called the trend itself a symptomatic of the malaise that has set in, adding that he has seldom witnessed the grant of bail at that level in the course of his career.
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Stating that it is not just his experience, Sibal said even the Chief Justice of India has said often enough that the courts at the highest level are burdened with matters of bail due to the reluctance to grant bail at the level of trial courts and district and sessions courts. “Of course, it goes without saying that the grant of bail is dependent on the facts and circumstances of each case,” the senior advocate was heard saying in a video shared by the news agency ANI.
2:46 minutes of Kapil Sibal destroying judges who work like BJP agents in front of Modi and CJI Chandrachud🔥
This is a must watch, must share video. pic.twitter.com/DtH4GM0BeD
— Roshan Rai (@RoshanKrRaii) August 31, 2024
Sibal then said that trial court and district court judges need to be empowered so that their judgments will not be held against them so that they can deliver justice without fear and favour.
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“Unless people at the bottom of the pyramid have the ability to withstand the pressure, the superstructure of the polity will not be able to deliver. I don’t want to call the judiciary at the level of trial and district courts “subordinate,” because the judges who are sitting there deliver justice, and the question of being “subordinate” to any authority is a contradiction in terms,” the senior advocate said, adding that the judiciary at that level should be instilled with the confidence that their judicial pronouncements shall never be held against them and that they represent the spinal cord of the justice delivery system.
Sibal further opined that judges should have the flexibility and independence to deliver justice without fear or favour. The remarks by the senior bar association chief come amid increasing instances of rejecting bail, which many allege is politically motivated.