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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Screenwriter Salim Khan on ventilator support and stable, say doctors
Mumbai (PTI): Veteran screenwriter Salim Khan suffered a brain haemorrhage which has been tackled, is on ventilator support as a safeguard and stable, doctors treating him said on Wednesday, a day after he was admitted to the Lilavati Hospital here.
The 90-year-old, one half of the celebrated Salim-Javed duo which scripted films such as "Sholay", "Deewar" and "Don" with Javed Akhtar, is in the ICU and recovery might take some time given his age.
"His blood pressure was high for which we treated him and we had to put him on a ventilator because we wanted to do certain investigations. Now the ventilator was put as a safeguard so that his situation doesn't get worse. So it is not that he is critical," Dr Jalil Parkar told reporters.
"We did the investigations that were required and today we have done a small procedure on him, I will not go into the details. The procedure done is called DSA (digital subtraction angiography). The procedure has been accomplished, he is fine and stable and shifted back to ICU. By tomorrow, we hope to get him off the ventilator. All in all, he is doing quite well," he added.
Asked whether he suffered a brain haemorrhage, the doctor said, "Unko thoda haemorrhage hua tha, which we’ve tackled. No surgery is required.
As concern over Khan's health mounted, his children, including superstar Salman Khan and Arbaaz Khan, daughter Alvira, and sons-in-law Atul Agnihotri and Aayush Sharma, have been seen outside the hospital along with other well-wishers. His long-time partner Akhtar was also seen coming out of the hospital.
Khan, a household name in the 70s and 80s, turned 90 on November 24 last year. It was the day Dharmendra, the star of many of his films, including "Sholay", "Seeta aur Geeta" and "Yaadon Ki Baraat", passed away.
Hailing from an affluent family in Indore, Khan arrived in Mumbai in his 20s with dreams of stardom. He was good looking and confident he would make a mark in the industry as an actor. But that did not happen. And then, after struggling for close to a decade and getting confined to small roles in films, he changed lanes.
He worked as an assistant to Abrar Alvi and soon met Akhtar to form one of Hindi cinema's most formidable writing partnerships. They worked together on two dozen movies with most of them achieving blockbuster status.
Other than "Sholay", "Deewar" and "Don", Khan and Akhtar also penned "Trishul", "Zanjeer", "Seeta Aur Geeta", "Haathi Mere Saathi", "Yaadon Ki Baarat" and "Mr India".
