The Supreme Court is witnessing a steady rise in pleas for bail since it is not being granted by the district or even high courts, Justice Bhushan R Gavai has said.
Every SC bench hears at least 15 to 20 bail matters per day, the apex court judge said on Sunday at an event where the 'bhoomi pujan' of a new court building was held at Pimpri Chinchwad in Maharashtra's Pune district.
"These days the situation is such that bail is not granted in the district court. It has become a challenge to get bail even in the high courts. Therefore, the pendency of bail matters in the Supreme Court is going up," he said.
Asserting that judges have the courageous and unbiased nature of Ramshastri Prabhune, the revered chief justice of the Maratha empire in the later half of the 18th century, Justice Gavai asked "why should we fear to grant bail?"
"Even after spending 9-10 years in jail before the trial is over, if judges don't consider the bail plea (of an accused), (then) we should think about the current system," he said.
Speaking on the occasion, SC Justice Abhay Oka said disputes related to marriages were on the rise and there was a need to increase the number of family courts nationwide.
"This has become a serious issue, particularly in cities. There are 10-15 cases filed for one marriage dispute. There is a need to increase the number of district, sessions and family courts," he said.
Advising the legal fraternity to avoid "puja" (rituals) in the court premises, Justice Oka said they should start any work by bowing down before a copy of the Constitution.
"As we complete 75 years of adopting the Constitution, we should start this practice to show respect and to implement its values," he told the gathering.
