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Chandrachud Reasserts Bail as the Norm, Calls Out Overuse of National Security

He said prolonged trials make detention punitive under Article 21.

Overview

  • Speaking at the Jaipur Literature Festival, the former CJI said bail may be denied only for risk of reoffending, flight risk, or likely tampering with evidence.
  • He warned that modern national-security statutes risk inverting the presumption of innocence and must face rigorous judicial scrutiny.
  • Responding to questions on the Supreme Court’s recent refusal of bail to Umar Khalid and Sharjeel Imam, he highlighted years-long incarceration as a reason courts must weigh the right to a speedy trial.
  • He attributed a surge of bail matters to lower-court reluctance, noting the Supreme Court handles roughly 70,000 cases a year and disposed of about 21,000–24,000 bail applications during his tenure.
  • He urged stronger civil-liberties guardrails, stating that uncivil speech is not a crime, lamented the absence of a marital-rape law, and pointed to transparency steps such as live-streaming hearings and translating judgments.