Former CJI Chandrachud addresses concerns over Umar Khalid’s detention
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New Delhi: Former Chief Justice of India DY Chandrachud, speaking at the Jaipur Literature Festival, addressed concerns over Umar Khalid’s prolonged detention. He said that the right to a speedy trial is part of Article 21 and argued that unless strict exceptions apply, bail must remain the constitutional norm, reported India Today.
A former JNU student, Umar Khalid has been in detention for almost five years as an undertrial prisoner, even though the trial has not yet started. Earlier this month, the Supreme Court of India granted bail to five students in connection with the 2020 Delhi riots conspiracy case, but denied bail to Umar Khalid and Sharjeel Imam in the same case.
In a conversation with journalist Vir Sanghvi, Chandrachud addressed one of the most contentious bail debates in recent years by invoking the case of Umar Khalid, who has spent nearly five years in jail.
In conversation with journalist Vir Sanghvi at the festival, Chandrachud acknowledged the discomfort many feel about such long periods of detention.
“Each one of these principles which I have mentioned does point to the fact that you can impose conditions to ensure that bail is not abused,” he said, adding that courts must consider this alongside the accused’s right to a timely trial.
When Sanghvi mentioned about Khalid’s continued detention, Chandrachud said, “I’m not criticising my court,” explaining that he remained cautious about commenting on cases after having recently headed the judiciary.
He emphasised that judges must decide bail applications based on the evidence and material before them, not on public sentiment or retrospective judgement.
Furthermore he argued that the broader constitutional principle is clear. If trials are not concluded within a reasonable period, incarceration itself becomes punitive.
“The right to life under Article 21 includes the right to a speedy trial,” he said.
He added that even laws which place restrictions on bail cannot override this fundamental right. “If an expeditious trial is not possible under present conditions,” Chandrachud said, “then bail should be the rule and not the exception.”
The former Chief Justice also put aside the idea that the bail should be denied simply by invoking national security, saying courts have a responsibility to examine whether such claims are genuine and whether keeping an accused in prolonged custody is proportionate.
Without this scrutiny, individuals can remain in prison for years without conviction, which he described as a serious distortion of justice.
Responding to criticism of the judiciary, Chandrachud pointed out that during his tenure, the Supreme Court disposed of nearly 21,000 bail applications, many of which did not receive public attention. The court’s duty, he said, is not to respond to public anger but to preserve constitutional balance.
Chandrachud reiterated that bail can be denied only in specific circumstances: if there is a risk that the accused may repeat the offence, flee the country, or tamper with evidence.”If these exceptions are not made out, the accused is entitled to bail,” he added.
He also warned that turning bail into punishment undermines personal liberty and weakens trust in the justice system.
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US VP JD Vance says Lebanon not part of ceasefire, calls it ‘misunderstanding’
Budapest/Washington: US Vice President J D Vance has said that Lebanon was never included in the ceasefire understanding with Iran, describing the confusion as a “legitimate misunderstanding”.
Speaking to reporters before departing from Hungary, Vance said, “I think the Iranians thought that the ceasefire included Lebanon and it just didn’t. We never made that promise.”
He stressed that the United States had not included Lebanon in the scope of the ceasefire at any stage.
His remarks come amid continued Israeli strikes in Lebanon, where more than 200 people were reported killed, even as ceasefire talks between Iran and the US move forward.
Vance said Israel had “offered … to check themselves a little bit in Lebanon because they want to make sure that our negotiation is successful”.
He warned that if Iran allows the situation in Lebanon to affect the negotiations, it could derail the talks.
“If Iran wants to let this negotiation fall apart in a conflict where they were getting hammered over Lebanon, which has nothing to do with them and which the United States never once said was part of the ceasefire, that’s ultimately their choice,” he said.
