Umar Khalid Case: Former CJI DY Chandrachud Says Bail Should Be Rule If Speedy Trial Not Possible

Jaipur- Former Chief Justice of India (CJI) D.Y. Chandrachud on Sunday emphasized that prolonged pre-trial detention undermines the right to an expeditious trial, stating that in such cases, "bail should be the rule and not the exception." Speaking at the Jaipur Literature Festival in a session titled 'Ideas of Justice' moderated by journalist Vir Sanghvi, Chandrachud addressed the ongoing bail plea of activist Umar Khalid, who has been incarcerated for nearly five years in connection with the 2020 Delhi riots conspiracy case.

Chandrachud, who retired as CJI in November 2024, clarified he was speaking as a citizen rather than a judge, while expressing reluctance to critique the Supreme Court, which recently denied bail to Khalid and co-accused Sharjeel Imam on January 5, 2026. "They've been inside for five years. I'm not criticising my court...you can impose conditions to ensure that the conditions for bail are not abused, but you must necessarily take into consideration that they have the right to an expeditious trial. And if an expeditious trial is not possible under present conditions, then bail should be the rule and not the exception," he said.

Highlighting the broader issue of undertrial prisoners, Chandrachud noted the Supreme Court's heavy caseload on bail matters during his tenure. "... During my period of 24 months, we disposed of about 21,000 bail applications," he remarked, underscoring the need for bail as a matter of right before conviction, rooted in the presumption of innocence. He explained that bail can only be denied in exceptional circumstances: if the accused might reoffend upon release, flee justice, or tamper with evidence. Absent these, pre-trial detention cannot substitute for punishment, as "lost years in jail cannot be compensated" if the accused is later acquitted.

To illustrate the Supreme Court's proactive role in protecting liberties, Chandrachud cited two instances from his time as CJI. In the first, Congress spokesperson Pawan Khera faced imminent arrest in February 2023 over alleged derogatory remarks against Prime Minister Narendra Modi. "Congress spokesperson Pawan Khera was about to be arrested. He was boarding a flight, I believe, at Guwahati, and he was about to be arrested. The paramilitary forces had surrounded his aircraft. His lawyer came and mentioned before us, soon after we assembled after lunch, that he's about to be arrested for having said something. The lawyer said that this is unforgivable. It's uncivil. It's not a case for arrest. And we protected him against arrest. That was a leader of the opposition who had said something which was uncivil. But everything uncivil is not something which is an offence under our law. And we protected them against this," he recounted.

In the second example, activist Teesta Setalvad, who faced arrest in a 2022 case related to the 2002 Gujarat riots, was denied bail by the Gujarat High Court but granted time until midnight to surrender. "Example number two- Teesta Setalvad was denied bail by the Gujarat High Court. But they gave her time until 12 midnight on a particular day to surrender... The matter came up to me as Chief Justice of India when I was attending a music recital... I said, this is a case where she's entitled to be heard whether she gets bail or not is for that court to decide. We constituted a bench at 9 o'clock at night and she was granted bail..." Chandrachud shared, highlighting urgent judicial intervention even outside regular hours.

Chandrachud stressed that while national security concerns warrant scrutiny, they cannot justify indefinite detention without trial, as this violates Article 21 of the Constitution, which guarantees the right to life and personal liberty, including speedy justice. The remarks come amid criticism of the judiciary's handling of high-profile cases under anti-terror laws like the Unlawful Activities (Prevention) Act (UAPA), where Khalid and others have argued for bail citing trial delays.