Overview
- The former CJI restated that bail may be denied only if there is a real risk of re-offending, flight, or evidence-tampering.
- He said the right to a speedy trial under Article 21 means pre-trial detention cannot serve as punishment, adding that if a swift trial is not possible, bail should be the norm.
- He warned that modern national-security statutes have eroded the presumption of innocence and pressed courts to rigorously test the necessity and proportionality of such detentions.
- His remarks followed the Supreme Court’s recent refusal of bail to Umar Khalid and Sharjeel Imam in the 2020 Delhi riots conspiracy case, where the bench termed them “ideological drivers.”
- He flagged a culture of fear in lower courts that discourages granting bail, pushing routine bail matters to the Supreme Court and inflating its already heavy caseload.