Former SC Judge Justice Oka Demands Fair Bail Access at Trial Courts, Slams Judicial Neglect

Retired Supreme Court judge Abhay S. Oka has emphasized that individuals entitled to bail should receive it at the trial court level and should not be compelled to approach higher courts, which often involves additional financial and procedural burdens. Speaking at a public lecture in Mumbai, Justice Oka highlighted the importance of ensuring timely justice at the grassroots level, particularly in trial courts where most litigants first engage with the judicial system.

Delivering the J.P. Narayan lecture organised by the People’s Union for Civil Liberties at the Mumbai Press Club complex, Justice Oka spoke on the theme of “bringing back the Constitution and people to the judiciary.” He underlined the need to strengthen the functioning of trial courts, which serve as the foundation of the judicial system. According to him, neglecting these courts undermines access to justice for ordinary citizens.

Justice Oka pointed out that the denial or delay of bail at the trial court level often forces accused individuals to approach High Courts or the Supreme Court, increasing both costs and delays. He stressed that such a system places an unnecessary burden on litigants, particularly those from economically weaker sections. Ensuring fair and timely decisions at the lower judiciary level, he said, is essential to maintaining public confidence in the justice system.

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Highlighting constitutional principles, Justice Oka stated that after the Constitution came into force, it would be incorrect to view only the Supreme Court and High Courts as constitutional courts. He argued that trial courts also play a critical role in upholding constitutional values, as they are often the first point of contact for citizens seeking justice. Strengthening their role, he added, is vital for ensuring the effective delivery of justice.

The former judge also drew attention to systemic challenges faced by trial courts, including a shortage of judges and inadequate infrastructure. He stressed that addressing vacancies alone would not be sufficient and that investments in infrastructure, technology, and administrative support are equally important. Such improvements, he said, would enhance efficiency and reduce case backlogs.

Justice Oka’s remarks come amid ongoing discussions about judicial reforms in India, particularly around improving access to justice and reducing delays in the legal system. His call for greater focus on trial courts underscores the need for a more balanced and inclusive judicial framework, where justice is accessible, affordable, and timely for all sections of society.

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