Former Chief Justice of India Dhananjaya Y. Chandrachud has said that bail before conviction should be treated as a matter of right, particularly in cases where legal proceedings are delayed. Speaking at the Jaipur Literature Festival, he highlighted the challenges faced by individuals who spend years in pre-trial detention.
Chandrachud stressed that the Indian legal system is built on the principle that every accused is presumed innocent until proven guilty. Yet, prolonged trials often mean that people spend years in jail without being convicted, losing valuable time with no compensation, even if later acquitted.
While acknowledging that courts must carefully examine national security cases, he said bail should only be denied if there is a strong likelihood that the accused might commit the offence again, tamper with evidence, or evade the law. “If these conditions are not met, bail should be granted,” he said.
Chandrachud’s comments come amid the ongoing legal proceedings of activist Umar Khalid, who has been in jail since 2020 in connection with the northeast Delhi riots case under the stringent Unlawful Activities (Prevention) Act. Fellow activist Sharjeel Imam is also in custody. The Supreme Court recently denied their bail, while some co‑accused secured release.
The former CJI also pointed to broader systemic issues, noting that lower courts often hesitate to grant bail due to fear of criticism, leaving such matters to the Supreme Court. He emphasised that the right to a speedy trial under Article 21 should guide bail decisions. If timely trials are not possible, granting bail should become the rule rather than the exception.
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