Chief Justice of India DY Chandrachud has noted that Trial Court Judges often opt for caution by denying bail on significant criminal matters when viewed with a level of suspicion. Emphasizing the importance of 'robust common sense,' the CJI remarked that individuals who deserve bail are frequently denied it at the Trial Court level, forcing them to seek relief from the High Courts.

"People who should be getting bail in the High Courts will not necessarily get it, as a result of which, they have to move to the Supreme Court. This delay compounds the problem of those who are facing arbitrary arrests," PTI quoted the CJI Chandrachud as saying.

During the 11th Annual Conference of the Berkeley Centre on Comparative Equality & Anti-Discrimination, a participant observed, "It seems we live in a society where actions are taken first and apologies are sought later. This trend is particularly evident among public authorities who, often driven by political motives, detain activists, academics, journalists, and even opposition party leaders, including chief ministers."

In response, CJI Chandrachud stated that the Supreme Court has consistently highlighted that this issue stems, in part, from a deep-seated mistrust in the country's institutions.

Justice Chandrachud added, "Unfortunately, the problem today is this, that we look at any grant of relief by trial judges with a degree of suspicion. That means that the trial judges increasingly are playing it safe, not granting bail on important issues of serious crimes".

"You (judges) have to have a sense of robust common sense. Now, unless we, therefore, separate the grains from the chaff in criminal jurisprudence, it's very unlikely that we will have just solutions & to allow for decision makers to separate the grain from the chaff, it's important that we also place a great deal of trust," Justice Chandrachud noted.