Article Today, Jaipur:
Former Chief Justice of India D Y Chandrachud on Sunday reiterated that granting bail is the rule and its denial only an exception. Referring to the prolonged incarceration of Umar Khalid, he said keeping an accused in prison for years without trial amounted to punishment without conviction. Such detention, he stressed, runs contrary to constitutional principles.
Delay Cannot Become Punishment
Speaking at the Jaipur Literature Festival, Justice Chandrachud said procedural delays should not operate as a substitute for sentencing. An accused person, he noted, cannot be deprived of liberty merely because the trial has not progressed. Therefore, when courts are unable to conclude proceedings within a reasonable time, bail becomes the appropriate judicial response.
Right to Speedy Trial
Justice Chandrachud underlined that the right to a speedy trial is an integral part of the right to life and personal liberty under Article Twenty One of the Constitution. Any law or procedural rule that effectively defeats this right, he said, cannot override constitutional guarantees. However, courts must remain sensitive to context while assessing each case.
Limits of Stringent Laws
Addressing concerns around special and stringent legislations, Justice Chandrachud cautioned against their mechanical application. National security, he observed, cannot be invoked as a blanket justification to deny bail. Courts, therefore, must carefully examine whether accusations are supported by credible material before restricting personal liberty.
Judicial Responsibility
Justice Chandrachud also reflected on the responsibility of judges to decide cases strictly on evidence and constitutional values. Decisions, he said, should not be influenced by public sentiment or political pressure. During his tenure, the Supreme Court, he recalled, disposed of nearly twenty one thousand bail applications, reinforcing the importance of liberty in criminal jurisprudence.
Three Narrow Exceptions
Clarifying the legal position, he stated that bail may be denied only in limited circumstances. These include a clear risk of the accused absconding, influencing witnesses, or committing further offences. In the absence of these conditions, continued detention would be unjustified.
Trust in Justice System
Justice Chandrachud warned that prolonged pre trial detention erodes public faith in the justice system. It also inflicts social and economic harm on individuals and families. Upholding constitutional morality, he concluded, must remain the central objective of all courts, including the Supreme Court of India.
