Highlights

  • Bail before conviction should be a right: Chandrachud
  • Courts must deeply assess national security cases
  • Denial of bail, trial delays a major concern

Latest news

GAIL launches DPNG supply at two residential societies in Bhubaneswar under National PNG Drive 2.0

GAIL launches DPNG supply at two residential societies in Bhubaneswar under National PNG Drive 2.0

Stanford & NVIDIA-Backed AI Startup Brings Silicon Valley to India's Doorstep; Launches Nationwide Hunt for AI Talent

Stanford & NVIDIA-Backed AI Startup Brings Silicon Valley to India's Doorstep; Launches Nationwide Hunt for AI Talent

GCCs drive India's office market to historic highs in 2025 as absorption hits 78.2 million sq ft: Report

GCCs drive India's office market to historic highs in 2025 as absorption hits 78.2 million sq ft: Report

School Innovators Engage with ISRO Leaders at YuviPep's Next-Gen Founders Grand Finale

School Innovators Engage with ISRO Leaders at YuviPep's Next-Gen Founders Grand Finale

Quick Automation Founder Prashant Shekhar Sets a Human-First Standard for AI-Era Operations

Quick Automation Founder Prashant Shekhar Sets a Human-First Standard for AI-Era Operations

Niner Pharmaceuticals Expands into High-Purity Peptide Segment for Metabolic Health; Announces R&D for AI-Driven Ambientera Solution

Niner Pharmaceuticals Expands into High-Purity Peptide Segment for Metabolic Health; Announces R&D for AI-Driven Ambientera Solution

CEPT University Announces MBA in Real Estate Program to Strengthen India's Next Generation of Real Estate Leaders

CEPT University Announces MBA in Real Estate Program to Strengthen India's Next Generation of Real Estate Leaders

Why Shiv Sena corporators shifted to hotel; who's afraid of whom? asks Sanjay Raut

Why Shiv Sena corporators shifted to hotel; who's afraid of whom? asks Sanjay Raut

Ex-CJI Chandrachud on Umar Khalid case: Bail before conviction must be a right

Ex-CJI D.Y. Chandrachud emphasized that bail before conviction should be a legal right, highlighted delays in India’s criminal justice system, and stressed careful judicial scrutiny in national security cases.

Ex-CJI Chandrachud on Umar Khalid case: Bail before conviction must be a right

Former Chief Justice of India D.Y. Chandrachud on Sunday (January 18, 2026) said bail before conviction should be a matter of right, but asserted that it is a court's duty to examine a case in depth where national security is involved before granting such a relief.

He made the remarks at the ongoing Jaipur Literature Festival in response to a question from senior journalist Vir Sanghvi, who raised the issue of the Supreme Court recently denying the bail plea of activist Umar Khalid in the 2020 Delhi riots conspiracy case.

Khalid and fellow activist Sharjeel Imam have been incarcerated since 2020. Denying bail to both, the top court on January 5 observed that they were involved in the "planning, mobilisation and strategic direction" of the northeast Delhi riots.

Faced with the question from Sanghvi during a session titled ‘Ideas of Justice’, Justice Chandrachud (retired) 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 termed the denial of bail by sessions and district courts a matter of concern and said judges fear that their integrity might be questioned. “This is the reason why bail cases reach the Supreme Court,” he said.

Expressing concern over the delay in disposal of cases by the Indian criminal justice system, he said the Constitution is the supreme law, and there is no concrete exception in the matter. “If there is a delay in a speedy trial, the accused is entitled to bail.” Listing landmark Supreme Court decisions during his tenure, Justice Chandrachud mentioned the grant of permanent commission to women in the armed forces, decriminalisation of homosexuality, and striking down the electoral bonds scheme.

In response to a question, the former CJI suggested including eminent persons from civil society in the collegium for the appointment of judges in high courts and the Supreme Court to ensure transparency and strengthen people’s faith in the judiciary.

On the question of not accepting any post after retirement, Justice Chandrachud said that at present, he is enjoying the life of a private citizen.

Asked about any regrets he had, the former CJI said that marital rape has not been criminalised even over seven decades since Independence and strongly advocated for changes in the law for this.

He also expressed happiness over his efforts to make the Supreme Court a “people’s court”. During his tenure, the live telecast of Supreme Court proceedings was started not only in Hindi but also in all Indian languages listed in the Eighth Schedule of the Constitution.

ADVERTISEMENT

Up Next

Ex-CJI Chandrachud on Umar Khalid case: Bail before conviction must be a right

Ex-CJI Chandrachud on Umar Khalid case: Bail before conviction must be a right

27-year-old techie drowns as car falls into drain in Greater Noida, family alleges negligence

27-year-old techie drowns as car falls into drain in Greater Noida, family alleges negligence

Karur stampede case: Vijay faces second round of questioning by CBI

Karur stampede case: Vijay faces second round of questioning by CBI

CM Mann lays foundation for 23 rural link roads in Majitha, names Talbir Singh Gill AAP 2027 candidate

CM Mann lays foundation for 23 rural link roads in Majitha, names Talbir Singh Gill AAP 2027 candidate

Arvind Kejriwal leads AAP booth workers’ convention in Sanand, emphasizes citizen-focused agenda

Arvind Kejriwal leads AAP booth workers’ convention in Sanand, emphasizes citizen-focused agenda

Delhi air quality plunges to ‘severe’ as AQI touches 417 amid dense smog

Delhi air quality plunges to ‘severe’ as AQI touches 417 amid dense smog

ADVERTISEMENT

editorji-whatsApp

More videos

BJP triumphs over Thackerays in Mumbai, trumps Pawars in Pune civic polls

BJP triumphs over Thackerays in Mumbai, trumps Pawars in Pune civic polls

BMC results: Karnataka BJP takes 'rasmalai' dig at Raj Thackeray, eyes repeat in local body polls

BMC results: Karnataka BJP takes 'rasmalai' dig at Raj Thackeray, eyes repeat in local body polls

NDA's track record of development struck a chord with Maharashtra: PM Modi on civic poll results

NDA's track record of development struck a chord with Maharashtra: PM Modi on civic poll results

BJP sweeps Jalna civic polls; wins 41 out of 65 seats

BJP sweeps Jalna civic polls; wins 41 out of 65 seats

Congress sweeps Latur civic body polls with 43 seats; BJP leader's comments on ex-CM backfire

Congress sweeps Latur civic body polls with 43 seats; BJP leader's comments on ex-CM backfire

Maharashtra civic polls: 65 candidates in ten civic bodies declared elected unopposed, says SEC

Maharashtra civic polls: 65 candidates in ten civic bodies declared elected unopposed, says SEC

Our goal is for India to lead the world in startup trends, technology in coming years: PM Modi

Our goal is for India to lead the world in startup trends, technology in coming years: PM Modi

New sports culture in country due to Modi govt's efforts, says UP CM Adityanath

New sports culture in country due to Modi govt's efforts, says UP CM Adityanath

Maharashtra civic polls: BJP overtakes NCP-NCP (SP) combine in Pune and Pimpri Chinchwad

Maharashtra civic polls: BJP overtakes NCP-NCP (SP) combine in Pune and Pimpri Chinchwad

Siswan-Mirzapur forest emerges as eco-tourism hub in Punjab

Siswan-Mirzapur forest emerges as eco-tourism hub in Punjab

Editorji Technologies Pvt. Ltd. © 2022 All Rights Reserved.