National Security Cases Need Deeper Scrutiny Before Granting Bail: DY Chandrachud
Former CJI DY Chandrachud said that pre-sentence bail should be a right, but a thorough investigation is necessary in national security cases. He cited the rejection of Umar Khalid's bail plea. He expressed concern over lower court judges' hesitation in granting bail, leading to cases reaching the Supreme Court. He believes that a speedy trial is a right when there are delays.
Former Chief Justice of India DY Chandrachud said on Sunday, “The grant of bail prior to sentencing is a right, but it is the duty of the court, particularly if it is a question of national security, to examine the facts before it before granting such relief.”
“This is a statement made by the Supreme Court, and I don’t know the context in which the Supreme Court made this statement,” he said during a discussion at the Jaipur Literature Festival while answering a question about the Supreme Court’s refusal to grant bail to activist Umar Khalid in the 2020 Delhi riots conspiracy case
Khalid and another activist, Sharjeel Imam, have also been behind bars since 2020. Refusing to grant bail to both, the Supreme Court said on January 5 that they were part of planning and strategizing related to the riots in Northeast Delhi.
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He said, "Bail before conviction should be a 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 ultimately proven innocent, how do you make up for that lost time?"
Citing several examples, the former Chief Justice of India said that bail can be denied if the accused is likely to return to society and commit crimes again, tamper with evidence, or take advantage of bail to escape the clutches of the law.
He said, "If these three grounds are not present, bail should be granted. I believe that where national security is involved, it is the duty of the court to investigate the matter thoroughly. Otherwise, what happens is that people remain in jail for years."
Justice Chandrachud expressed concern over the refusal of bail by the Sessions and District Courts, saying that judges fear that their integrity may be questioned. He said, "This is why bail cases reach the Supreme Court." He also said, "If there is a delay in speedy trial, the accused has the right to bail."
