Former CJI D Y Chandrachud said bail before conviction should be a matter of right, rooted in the presumption of innocence.
He stressed that in cases involving national security, courts must examine facts in depth before granting bail.
Chandrachud raised concern over prolonged undertrial incarceration, delays in trials, and lower courts’ reluctance to grant bail.
Former Chief Justice of India D Y Chandrachud on Sunday said bail before conviction should be a matter of right, but asserted that it is a court's duty to examine a case in depth where national security is involved before granting such a relief.
In answer to a question from renowned journalist Vir Sanghvi about the Supreme Court's recent denial of activist Umar Khalid's bail plea in the 2020 Delhi riots conspiracy case, he made the comments at the ongoing Jaipur Literature Festival.
Since 2020, Khalid and fellow activist Sharjeel Imam have been imprisoned. On January 5, the top court denied both of them bail, citing their involvement in the "planning, mobilisation and strategic direction" of the riots in northeast Delhi.
Faced with the question from Sanghvi during a session titled 'Ideas of Justice', Justice Chandrachud (retired) said, "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." "Because, if someone remains an undertrial prisoner for five or seven years and is finally proven innocent, how will you compensate for the time lost?" Giving examples from various cases, the former chief justice of India said that bail can be denied if there is a possibility of the accused returning to society and committing the crime again, tampering with evidence, or using the benefit of bail to escape the clutches of the law.
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"If these three grounds are not present, then bail must be granted. I think that where national security is involved, it is the court's duty to examine the case in depth. Otherwise, what is happening is that people remain imprisoned for years," he said.
Judges fear that their integrity may be questioned, according to Justice Chandrachud, who called the denial of bail by sessions and district courts a matter of concern. "This is the reason why bail cases reach the Supreme Court," he stated.
He expressed concern over the Indian criminal justice system's tardiness in resolving cases, stating that the Constitution is the ultimate law and that there is no specific exception to this rule. "If there is a delay in a speedy trial, the accused is entitled to bail." Decriminalising homosexuality, granting permanent commissions to women in the armed forces, and overturning the electoral bonds program were just a few of the significant Supreme Court rulings that Justice Chandrachud listed during his term.
In answer to a query, the former CJI recommended that prominent members of civil society be included in the collegium that appoints judges to the Supreme Court and high courts to promote openness and bolster public confidence in the legal system.
In response to the topic of whether he would accept a position after retirement, Justice Chandrachud stated that he now enjoys living as a private person.
When asked if he had any regrets, the former CJI stated that, after more than 70 years since Independence, marital rape has not been made a crime and vehemently supported legislative efforts to address this.
He also expressed happiness over his efforts to make the Supreme Court a "people's court". During his tenure, the live telecast of Supreme Court proceedings was started not only in Hindi but also in all Indian languages listed in the Eighth Schedule of the Constitution.
