‘Bail before conviction should be matter of right’: Ex-CJI Chandrachud weighs in amid Umar Khalid row

Ex-CJI DY Chandrachud

• Bail before conviction should be a right, says ex-CJI Chandrachud
• Courts must examine cases deeply if national security is involved
• Delays in trials entitle accused to bail under the Constitution

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Former Chief Justice of India (CJI) DY Chandrachud on Sunday said bail before conviction should be a matter of right, but pointed that it is a court’s duty to examine a case in depth where national security is involved before granting such a relief.

The remarks were made at the ongoing Jaipur Literature Festival in response to a question regarding the Supreme Court’s recent refusal to grant bail to activist Umar Khalid in the 2020 Delhi riots conspiracy case.

Khalid and fellow activist Sharjeel Imam have been in jail since 2020. While rejecting their bail pleas on January 5, the Supreme Court observed that both were involved in the “planning, mobilisation and strategic direction” of the northeast Delhi riots.

On a question during the session titled ‘Ideas of Justice’, Chandrachud said, “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.”

"Because, if someone remains an undertrial prisoner for five or seven years and is finally proven innocent, how will you compensate for the time lost?"

Giving examples from various cases, the former chief justice of India said that bail can be denied if there is a possibility of the accused returning to society and committing the crime again, tampering with evidence, or using the benefit of bail to escape the clutches of the law.

"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," he said.

Justice Chandrachud said the denial of bail by sessions and district courts was worrying, noting that judges often hesitate out of fear that their integrity may be questioned. This is the reason why bail cases reach the Supreme Court, he said.

Highlighting delays in the disposal of cases within the criminal justice system, he said the Constitution is paramount and does not allow for any concrete exceptions.

"If there is a delay in a speedy trial, the accused is entitled to bail."