A recent statement by former Chief Justice of India (CJI) D.Y. Chandrachud regarding bail has sparked a political debate, drawing criticism from the Congress party and a strong defense from the BJP.
Speaking at the Jaipur Literature Festival during a session titled 'Ideas of Justice', Chandrachud asserted that "bail should be the rule and not the exception" when an expeditious trial is not possible. He was responding to a question from journalist Vir Sanghvi about the Supreme Court's recent denial of bail to activist Umar Khalid, who has been in jail since September 2020 in connection with the 2020 Delhi riots case, without his trial having commenced. Chandrachud emphasized the importance of the constitutional presumption of innocence, stating that "bail before conviction should be a matter of right". He argued that pre-trial detention should not be a form of punishment, and raised concerns about the fairness of incarcerating individuals for extended periods before a verdict is reached. He pointed out that if someone is jailed for five to seven years before trial and then acquitted, how can that lost time be compensated?
Chandrachud acknowledged that bail could be denied if there was a risk of the accused re-offending, tampering with evidence, or fleeing from justice. However, he also cautioned that many national security laws have "turned the law on its head by substituting the presumption of innocence with almost a presumption of guilt," requiring courts to exercise greater scrutiny in such cases. He also highlighted that Article 21 of the Constitution includes the right to a speedy trial, further supporting his argument that bail should be granted if a timely trial is not feasible.
The Congress party has reacted sharply to Chandrachud's remarks. Supriya Shrinate, a Congress spokesperson, questioned the timing of the statement, asking what prevented Chandrachud from implementing this principle during his tenure as CJI. Shrinate pointed out that Umar Khalid's bail application was filed in the Supreme Court in 2023 but was adjourned over 10 times while Chandrachud was the CJI. She also alleged that as the master of the roster, Chandrachud assigned the bail plea to a specific bench, "knowing what fate it would meet!".
The BJP swiftly countered the Congress's criticism, accusing the opposition party of attacking the judiciary and other constitutional bodies. BJP spokesperson Shehzad Poonawalla alleged that the Congress party consistently undermines the judiciary and supports individuals with anti-national sentiments.
Chandrachud addressed the reluctance of lower courts to grant bail, attributing it to a "sense of all-pervading fear" that their motives might be questioned. He noted that this fear contributes to a backlog of cases in higher courts, with the Supreme Court handling a significant number of bail applications annually. During his tenure as CJI, the courts disposed of over 24,000 bail applications. He also advocated for greater transparency in the collegium system for judicial appointments to build public confidence.
