Former CJI D.Y. Chandrachud said bail before conviction should ordinarily be a right, but courts must closely scrutinize national security cases. He said this at the Jaipur Literature Festival while responding to Vir Sanghvi on Umar Khalid bail denial.
NEW DELHI: Former Chief Justice of India D.Y. Chandrachud stated that bail before conviction should be regarded as a matter of right. However, he emphasized the court’s responsibility to thoroughly examine cases involving national security before granting such relief.
Chandrachud made this remark during the ongoing Jaipur Literature Festival in response to a question posed by senior journalist Vir Sanghvi regarding the Supreme Court’s recent denial of bail to activist Umar Khalid in connection with the 2020 Delhi riots conspiracy case.
Since 2020, Khalid and fellow activist Sharjeel Imam have been detained. The Supreme Court denied bail to both on January 5, highlighting their involvement in the “planning, mobilization, and strategic direction” of the northeast Delhi riots.
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When Vir Sanghvi referred to Umar Khalid’s prolonged incarceration, Chandrachud responded with restraint yet clarity. Bail, he emphasised, must rest solely on evidence and material before judges, not public sentiment or retrospective judgment.
Explaining his reluctance to comment on matters so soon after demitting office, he said,
“I’m not criticising my court,”
At the same time, Chandrachud underscored a foundational constitutional norm: prolonged trials can render imprisonment punitive. Stressing that even statutes imposing strict bail conditions cannot eclipse constitutional protections, he said,
“The right to life under Article 21 includes the right to a speedy trial,”
During a session titled “Ideas of Justice,” Justice Chandrachud remarked,
“Bail before conviction should be a matter of right. Our law is based on a presumption, and that presumption is that everyone is innocent until proven guilty.”
He raised concerns about the implications of holding someone as an undertrial prisoner for extended periods only to later prove their innocence, questioning how one could compensate for such lost time.
He elaborated that bail may be denied if there are concerns about the accused potentially reoffending, tampering with evidence, or using bail to evade legal consequences.
The said,
“If these three grounds are not present, then bail must be granted. I think that where national security is involved, it is the court’s duty to examine the case in depth. Otherwise, what is happening is that people remain imprisoned for years,”
Justice Chandrachud also highlighted the troubling trend of courts denying bail and noted that judges often fear their integrity might be questioned.
The stated,
“This is the reason why bail cases reach the Supreme Court,”
Addressing the delays faced by the Indian criminal justice system, he remarked that the Constitution is the highest law and that there are no significant exceptions when it comes to timely trials.
The said,
“If there is a delay in a speedy trial, the accused is entitled to bail,”
He referenced landmark Supreme Court decisions made during his tenure, such as granting permanent commission to women in the armed forces, decriminalizing homosexuality, and nullifying the electoral bonds scheme.
When discussing potential reforms, the former CJI proposed that respected individuals from civil society be included in the collegium responsible for judicial appointments at the high court and Supreme Court levels, to enhance transparency and reinforce the public’s trust in the judiciary.
Regarding his post-retirement life, Justice Chandrachud expressed satisfaction with his current status as a private citizen and mentioned he harbored regrets about the lack of progress in criminalizing marital rape even after seven decades of independence. He strongly advocated for legal changes in this area.
Moreover, he expressed pride in initiatives during his tenure that transformed the Supreme Court into a “people’s court,” including the live telecast of proceedings not only in Hindi but also in all official Indian languages recognized in the Eighth Schedule of the Constitution.
Converting bail into a form of punishment, he warned, weakens personal liberty and corrodes public trust in the justice system.