'Everyone Is Innocent Until...': DY Chandrachud Bats For Umar Khalid’s Bail Days After Supreme Court Rejects Plea

Jaipur: Days after the apex court of India denied bail to activist and ex-JNU student Umar Khalid, former Chief Justice of India (CJI) DY Chandrachud flagged his five-year-long incarceration. Chandrachud, while speaking at a session titled 'The Measure of Justice' at the Jaipur Literature Festival, noted that prolonged pre-trial detention undermines the right to a speedy trial guaranteed under Article 21, and risks turning the process of justice into punishment.

The former CJI stressed that he was not criticising the court, but judges must grant or deny bail to people on the basis of evidence produced before them, not public pressure. He added that the right to speedy trial must be respected.

Umar Khalid, a former JNU student, has been detained for almost five years as an undertrial prisoner, even though the trial has not yet started. Earlier this month, the Supreme Court of India granted bail to five students in connection with the 2020 Delhi riots conspiracy case, but denied bail to Umar Khalid and Sharjeel Imam in the same case. The duo are locked in the high-security Tihar jail in Delhi, awaiting trial. It is alleged that the duo were involved in the mobilisation and planning of the riots, in which 53 people were killed.

"The right to life under Article 21 includes the right to a speedy trial," Chandrachud stressed, adding that if expeditious trial is not possible, then bail is the rule, not an exception. "I'm speaking now not as a judge, but as a citizen. To explain this case, I'll explain the law simply…Bail before conviction should be a matter of right. Our law is based on a presumption, and that presumption is that everyone is innocent until proven guilty," he stated.

“If someone remains an undertrial prisoner for five or seven years and is finally proven innocent, how will you compensate for the time lost?” he questioned.

He added that without automatically assuming a threat to national security, courts must first properly examine whether granting bail to an individual actually involves national security.

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