CJI DY Chandrachud is known for his tough stance. There is a belief in the Supreme Court that the CJI never takes a step back after taking a decision. But there is also an incident when he took back his decision within 12 days. In May, the CJI had ordered that courts should not entertain applications for default bails but today said that the courts can take decisions independently.

In fact, the controversy started when a Division bench of the Supreme Court in the case of Ritu Chhabria Vs. Union of India decided the issue that if the investigating agency files an incomplete charge sheet, then the accused will become entitled to default bail. That means he will not face any problem in getting bail.

The controversy started when Solicitor General Tushar Mehta asked the CJI to stay the decision of the Division bench in the case of Ritu Chhabria case. Mehta said that the order was passed almost 16 years ago by a Division bench of the Supreme Court in the Dalmiya case is completely contrary to the decision given in the Ritu Chhabria case. The CJI was also in awe after listening to Mehta's words.

According to the law of the Supreme Court, the decision of the Division bench can be set aside only in that situation when a larger bench gives a decision on the issue, but both the decisions given regarding bail were of the Division benches. With immediate effect, the CJI ordered in May that courts should not entertain applications for default bail based on the Ritu Chhabria judgment. The decision of the bench of Justice Krishna Murari and Justice CT Ravikumar was first stayed till 04th May. Then it was extended to 12th May.

But after 12 days, the CJI had to withdraw his decision as advocate Siddharth Sudhara requested that his client's rights were being violated due to his previous order. The court is not considering his application for default bail. The CJI said in the new order that the courts can consider default bail independently. The CJI said that his 1st May order will not prevent any lower court and high court from considering default bail and the courts can consider default bail on their own. He also said that the courts should not rely on the judgment given in the Ritu Chhabria case. They should consider the default bell according to their own.

Keep in mind that the Central Government is going to challenge the decision of the Division bench in the Ridhu Chhabria case before the CJI bench. Tushar Mehta had told the CJI that he was going to challenge this decision. A Three judges bench headed by the CJI was hearing the matter. The Supreme Court has agreed to hear two different decisions in one case. In July, the CJI himself will see how this mistake happened.