Former Chief Justice DY Chandrachud on Sunday said that bail before conviction should be a matter of right, but added that courts need to examine cases in depth when national security is involved, PTI reported.
Chandrachud made the remark at the Jaipur Literature Festival after he was asked by the debate moderator about his views on the Supreme Court denying bail to activist Umar Khalid in the 2020 Delhi riots larger conspiracy case.
“They’ve been inside for five years,” ANI quoted Chandrachud as saying. “I’m not criticising my court...you can impose conditions to ensure that the conditions for bail are not abused, but you must necessarily take into consideration that they have the right to an expeditious trial. And if an expeditious trial is not possible under present conditions, then bail should be the rule and not the exception.”
However, the former chief justice said that bail can be denied if there is a possibility of the accused person committing another crime, tampering with evidence or escaping.
“If these three grounds are not present, then bail must be granted,” PTI quoted Chandrachud as saying. “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.”
