Jaipur: Former Chief Justice of India DY Chandrachud opined that jailed activist Umar Khalid deserves a speedy trial. If trials are not concluded within a reasonable period, pre-trial detention becomes punitive, India Today reported.
He noted that the right to life under Article 21 includes the right to a speedy trial. He emphasised that even laws which restrict bail cannot override constitutional guarantees.
He also said that if an expeditious trial is not possible under present conditions, bail should be the rule and not the exception. He rejected the idea that bail decisions should automatically defer to claims of national security, India Today reported.
Jus Chandrachud said that courts are duty-bound to scrutinise whether national security is genuinely involved and whether prolonged detention is proportionate. If it is not, individuals end up imprisoned for years without conviction, a distortion of justice itself.
He pointed out that the court’s role is not to satisfy public outrage but to uphold constitutional balance.
He emphasised that exceptions where bail can be denied are if the accused may repeat the offence, flee the country, or tamper with evidence, and none of them are made out, the accused is entitled to bail.
He also warned that turning bail into punishment erodes both liberty and faith in the justice system.
However, he said that he is not criticising his court and noted his hesitation to comment on cases as he only recently retired from being the CJI.