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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Wildfires race across Chile, leaving 15 dead, forcing thousands to flee
Penco (Chile) (AP): Wildfires raging across central and southern Chile on Sunday left at least 15 people dead, scorched thousands of acres of forest and destroyed scores of homes, authorities said, as the South American country swelters under a heat wave.
Chilean President Gabriel Boric declared a state of catastrophe in the country's central Biobio region and the neighbouring Nuble region, around 500 kilometres south of Santiago, the capital.
The emergency designation allows greater coordination with the military to rein in two dozen wildfires that have so far blazed through 8,500 hectares and prompted 50,000 people to evacuate, according to Chilean Security Minister Luis Cordero.
“All resources are available,” Boric wrote on X.
But local officials reported that for hours on Sunday, destruction was everywhere and help from the federal government was nowhere.
“Dear President Boric, from the bottom of my heart, I have been here for four hours, a community is burning and there is no (government) presence,” said Rodrigo Vera, the mayor of the small coastal town of Penco in the Biobio region. “How can a minister do nothing but call me to tell me that the military is going to arrive at some point?”
Firefighters were struggling to extinguish the flames, but strong winds and scorching weather hampered their efforts Sunday with temperatures topping 38 C (100 F).
Residents said that the fires took them by surprise after midnight, trapping them in their homes.
“Many people didn't evacuate. They stayed in their houses because they thought the fire would stop at the edge of the forest,” said John Guzman, 55, surveying the scene in Penco, where smoke blanketed the sky in an orange haze. “It was completely out of control. No one expected it."
Although the total number of homes burned nationwide remained unclear, one municipality of Concepcion in Biobio reported 253 homes destroyed.
“We fled running, with the kids, in the dark,” said Juan Lagos, 52, also in Penco. The fire engulfed most of the city, burning cars, a school and a church.
Charred bodies were found across fields, homes, along roads and in cars.
“From what we can see, there are people who died ... and we knew them well," said Víctor Burboa, 54. "Everyone here knew them.”
