National Security Cases Need Deeper Scrutiny Before Granting Bail: DY Chandrachud

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."