Would be a travesty of justice if judge does not grant bail owing to personal interest: Bombay HC Chief Justice Dipankar Datta

Chief Justice Dipankar Datta of the Bombay High Court on Monday said that bail should be granted in cases where it is warranted, especially given that every judge takes the oath of administering justice without fear..CJ Datta was referring to the recent comments of Chief Justice of India DY Chandrachud on district judges being reluctant to grant bail due to fear of being targeted."CJI Chandrachud lamented that in very many cases, judges of district judiciary do not bail out of fear of being targeted. This is indeed a grim picture. We all know bail is rule and jail an exception," he said.He added,"And, if judges who are entrusted with the task of adjudication, in their own personal interest do not grant bail, maybe of a heinous nature, but the materials available do support order for bail, we do not see why this should not be granted. Because after all each judge takes the oath, of administering justice without any fear.".CJ Datta was speaking at the 2022 KT Desai Memorial Lecture. During his speech, he said that judges have a duty to uphold the rule of law. He urged people to criticise the judgment but not the judge, so that they can work without the pressure of being targeted.He further assured that if a judge files a complaint, appropriate action will be taken in exercise of powers under Article 235 of the Constitution of India."We have the power of disciplinary control under Article 235. We know that if any complaint is received from the judge, that here is a matter which does not appear to be normal, this is where we exercise our powers and we separate the grain and the chaff and take appropriate action. But it would be travesty of justice and amount to miscarriage of justice if a judge in his own personal interest, does not grant bail in a case, which so deserves," he said..High Courts are flooded with bail petitions because the district judiciary is reluctant to grant bail due to the fear of being targeted, CJI Chandrachud said on Saturday.The CJI opined that this sense of fear is something no one talks about, but it is necessary to confront the issue to ensure that the lower judiciary is not rendered toothless and dysfunctional..Read our live coverage of KT Desai Memorial Lecture: