Ex-CJI Chandrachud: Bail is the Rule, Speedy Trial a Right | Quick Digest
Former Chief Justice of India D.Y. Chandrachud asserted at the Jaipur Literature Festival that bail, not jail, should be the rule, and speedy trial is a fundamental right. He made these remarks while addressing concerns around activist Umar Khalid's prolonged detention. Chandrachud emphasized that pre-trial detention cannot be punishment, unless specific exceptions apply.
Ex-CJI D.Y. Chandrachud spoke at Jaipur Literature Festival.
Stressed bail as a right, speedy trial under Article 21.
Remarks came amid debate on Umar Khalid's prolonged detention.
Identified three exceptions for denying bail: repeat offense, fleeing, tampering.
Warned against prolonged detention turning into punishment.
Called for in-depth scrutiny in national security cases.
Former Chief Justice of India (CJI) D.Y. Chandrachud, speaking at the Jaipur Literature Festival on January 18, 2026, strongly advocated for bail as the constitutional norm and underlined the right to a speedy trial as fundamental under Article 21. Addressing a question from senior journalist Vir Sanghvi regarding the prolonged detention of activist Umar Khalid in the 2020 Delhi riots conspiracy case, Chandrachud asserted that pre-trial detention should not be treated as a form of punishment. He questioned how society could compensate individuals who spend years as undertrial prisoners only to be acquitted later.
Chandrachud specified that bail should only be denied in three exceptional circumstances: if there is a likelihood of the accused repeating the offense, tampering with evidence, or absconding. He emphasized that if these conditions are not met, bail must be granted. While acknowledging the seriousness of national security concerns, the former CJI stressed the judiciary's responsibility to examine such cases in depth, cautioning against a blanket approach where national security laws override personal liberty and invert the presumption of innocence. He further highlighted a concern regarding lower courts often hesitating to grant bail due to fear of scrutiny, leading to an increased burden on the Supreme Court. These significant remarks from the former head of India's judiciary underscore crucial principles of criminal justice and individual rights.
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