Bail before conviction should be matter of right: Ex-CJI Chandrachud on Umar Khalid’s plea

Former Chief Justice of India DY Chandrachud on Sunday (January 18, 2026) said pre-conviction bail should be a matter of right, but maintained that it is the duty of the court to thoroughly examine a case where national security is at stake before granting such relief.

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

Mr Khalid and fellow activist Sharjeel Imam have been imprisoned since 2020. Refusing bail to both, the high court observed on January 5 that they were involved in the “planning, mobilization and strategic management” of the riots in northeast Delhi.

Faced with Mr. Sanghvi’s question in a session titled ‘Ideas of Justice’, Justice Chandrachud (retired) said, “Pre-conviction bail 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 is detained for five or seven years and is eventually proven innocent, how do you make up for lost time?” Citing examples from various cases, the former Chief Justice of India said bail can be denied if there is a possibility that the accused will return to society and commit the crime again, tamper with evidence or escape the clutches of the law by availing bail.

“If these three reasons are not present, he should be released on bail. I think that when national security is at stake, it is the court’s duty to examine the case thoroughly. Otherwise, people remain in prison for years.”

Justice Chandrachud termed the rejection of bail by the sessions and district courts as a matter of concern and said the judges feared that their integrity might be questioned. “This is why bail cases reach the Supreme Court,” he said.

Expressing concern over the delay in the Indian criminal justice system deciding cases, he said the Constitution is the supreme law and there are no concrete exceptions in this regard. “In case of delay in speedy trial, the accused has the right to be released on bail.” Listing out the important judgments of the Supreme Court during his tenure, Justice Chandrachud talked about giving permanent commission to women in the armed forces, decriminalizing homosexuality and repealing the electoral bond scheme.

In response to a question, the former CJI suggested the inclusion of eminent people from civil society in the collegium for 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 he is currently enjoying the life of an ordinary citizen.

When asked about his regrets, the former CJI said marital rape has not been criminalized for seven decades since independence and strongly advocated for changes in the law for this.

He also expressed his happiness for the Supreme Court’s efforts to turn it into a “people’s court”. During his tenure, live broadcasting of Supreme Court proceedings was launched not only in Hindi but also in all Indian languages ​​listed in the Eighth Schedule of the Constitution.