India's top judge, Chief Justice B R Gavai, is sounding the alarm on a troubling trend—courts are increasingly treating jail as the default rather than the exception, despite a long-standing legal principle that favors bail. He’s pushing back, pointing to high-profile cases (like those involving Prabir Purkayastha, Manish Sisodia, and Kavita) where he’s personally worked to uphold the idea that bail should be the norm unless there’s a compelling reason to deny it.

Editor’s Note: When courts forget that bail is supposed to be routine, it clogs prisons with people who haven’t been convicted and strains an already overburdened justice system. Gavai’s comments aren’t just legal nitpicking—they’re a reminder that how bail is handled affects real lives, from activists to politicians, and reflects whether the system values freedom or punishment before trial.