Supreme Court Has Become Bail Court: Justice Nagarathna Flags Overload Of Bail Matters In SC

Justice B.V. Nagarathna on Friday highlighted the large number of bail matters coming before the Supreme Court, observing that the apex court has effectively become a “bail court.” She noted that the bench had heard 25 bail matters on Friday and 19 today, saying, “One after the other we are considering either granting or refusing bail.”

She added, “The Supreme Court has become a bail court.”

Justice Nagarathna's remarks came in response to Senior Advocate Gopal Sankaranarayanan expressing gratitude that the bench led by her takes lunch break on miscellaneous days, allowing lawyers to also have a break for lunch.

Justice Nagarathna replied that such breaks were necessary, as the bench is exhausting itself only in hearing bail matters. “Can't continue like that without lunch because we are exhausting ourselves only granting bail”, she said.

Justice Nagarathna noted that crime is increasing and stressed the need for a judicial impact assessment in relation to societal developments. She added that if more benches were available, or if lower courts followed Supreme Court orders, fewer cases would reach the apex court.

Sankaranarayanan pointed out that the Supreme Court grants bail in many cases in which it is denied by the High Courts and trial courts. Other courts should be encouraged to grant bail, he said, adding that there is a lot of fear among judges in granting it.

Justice Nagarathna pointed out that lower courts have a clearer view of the details of offences, whereas by the time a matter reaches the Supreme Court, the accused may have already been in custody for a long period, charges filed, and the trial started leading to a bail order.

She added that she had never handled bail matters while in the High Court and had to learn the work after coming to the Supreme Court.

“By the time the matter comes here, time has also lapsed, the man is inside for a sufficient long time, the charge sheet would have been filed, investigation is over, charges would have been framed, the trial would have commenced, so accordingly we consider the case. But the thing is we are becoming a bail court. I never sat in the High Court for bail, at all. I had to learn the work after coming here”, she said.

Supreme Court judges have in recent years repeatedly flagged concerns about the large number of bail matters reaching the apex court. In March 2024, Justice BR Gavai noted that every Supreme Court bench hears at least 15 to 20 bail matters daily.

In January 2023, Justice Sanjay Kishan Kaul observed that nearly a third of the cases in the Supreme Court were bail or remission cases, and called for reforms to reduce the flow of bail matters to the apex court.

Recently, the Supreme Court directed trial courts and High Courts to expedite bail and anticipatory bail applications, emphasising that delays in deciding such matters affect personal liberty.