‘Bail before conviction should be a matter of right’: D.Y. Chandrachud
Former Chief Justice of India D.Y. Chandrachud stated that bail before conviction should be a matter of right, emphasizing the presumption of innocence until proven guilty.
Chandrachud made these comments on January 17-18, 2026, at the Jaipur Literature Festival during a session titled “Ideas of Justice,” prompted by journalist Vir Sanghvi referencing the Supreme Court’s denial of bail to activist Umar Khalid in the 2020 Delhi riots conspiracy case. Khalid and Sharjeel Imam have remained in custody since 2020, with the court on January 5, 2026, citing their roles in planning and mobilizing riots linked to protests against the Citizenship Amendment Act.
He highlighted the human cost of prolonged undertrial detention, questioning compensation for years lost if innocence is later proven, and noted bail must be granted absent risks like reoffending, evidence tampering, or fleeing justice. In national security cases like Khalid’s, courts must scrutinize deeply rather than detain indefinitely, as blanket denials undermine justice.
Chandrachud criticized lower courts for routinely denying bail due to fears of scrutiny, leading cases to escalate to the Supreme Court, and stressed the right to a speedy trial under Article 21 of the Constitution. He advocated bail as the rule when fast trials are impossible, addressing systemic delays in India’s criminal justice process.
