Ex-CJI DY Chandrachud cites Umar Khalid case to advocate bail in delayed trials
Former Chief Justice of India DY Chandrachud cited the prolonged detention of Umar Khalid without trial as an example where bail should be the rule due to delays undermining constitutional justice.
Why It Matters
Highlights tensions in India's bail jurisprudence under stringent laws like UAPA, where pre-trial detention exceeds years, raising concerns over right to expeditious trial and presumption of innocence.
Timeline
7 Events
Ex-CJI Chandrachud's statement on bail delays
In Jaipur, former CJI DY Chandrachud states that in cases like Umar Khalid's where trials do not begin years after arrest, bail should be rule not exception due to right to expeditious trial; criticizes fear in lower courts and reversal of innocence presumption under national security laws.
Supreme Court denies Umar Khalid bail
Supreme Court denies bail to Khalid, citing reasoning criticized in media for weak logic and reliance on prolonged incarceration under special statutes.
Khalid files fresh Supreme Court appeal
After rejections by trial court and Delhi High Court, Khalid appeals to Supreme Court for bail.
Khalid withdraws Supreme Court petition
Accused including Khalid withdraw Supreme Court petition; counsel indicates intent to approach trial court after repeated adjournments.
Supreme Court grants interim bail to Pawan Khera
Supreme Court under CJI Chandrachud grants interim bail and directs clubbing of FIRs against Congress leader Pawan Khera arrested for alleged objectionable remarks.
Supreme Court lists Umar Khalid's bail petition
Khalid first approaches Supreme Court for bail, starting cycle of repeated adjournments due to unavailability of judges, paucity of time, and other reasons.
Delhi riots and Umar Khalid's arrest
Umar Khalid, former JNU student leader, arrested under UAPA for alleged conspiracy behind northeast Delhi communal violence that killed over 50 people. He denies charges and remains in custody as trial has not begun.