Former Chief Justice of India (CJI) Justice D.Y. Chandrachud on Sunday shared his detailed views on the bail system, undertrial detention and national security laws while responding to a question on activist Umar Khalid’s bail case at the Jaipur Literature Festival. His remarks came during a session moderated by senior journalist Vir Sanghvi.
Justice Chandrachud clarified that he was speaking as a citizen and not as a judge while commenting on the Supreme Court’s recent refusal to grant bail to Umar Khalid, who is accused in the 2020 Delhi riots conspiracy case.
Chandrachud said that the foundation of Indian criminal law is the presumption of innocence. He added that bail before conviction should normally be treated as a right and not as an exception. He stressed that pre-trial detention cannot be used as a form of punishment.
He further questioned how the state could compensate an individual who spends five to seven years in jail as an undertrial and is later acquitted. Prolonged incarceration without conviction causes irreversible damage to personal liberty, he added.
When Bail Can Be Denied?
The former CJI explained that bail may be denied only under limited conditions. These include situations where the accused poses a serious threat to society, is likely to flee from justice, or may tamper with evidence or influence witnesses. In the absence of these factors bail should be granted, he reiterated.
National Security Laws Need Careful Scrutiny
Referring to cases involving national security laws, Chandrachud said courts must examine the facts carefully before deciding on bail. He warned that long trials and extended detention can violate the right to a speedy trial guaranteed under Article 21 of the Constitution. Detention must be necessary and proportionate, he added.
Concern Over Judicial Delays
Chandrachud also expressed concern over a growing sense of fear among judges in district courts and High Courts. He noted that many judges hesitate to grant bail due to fear of scrutiny or the possible impact on their careers. This reluctance places an excessive burden on higher courts, with the Supreme Court handling nearly 70,000 cases each year, he said.
On corruption and accountability, Chandrachud cautioned against branding every unfavourable judicial decision as corrupt. He emphasised that strengthening institutions and ensuring fair processes are essential for delivering justice and protecting democratic values.
