Chandrachud Speaks Out on Bail Norms

Former Chief Justice of India DY Chandrachud has brought fresh attention to how long people can stay in jail before their trials even start. He talked about this at the Jaipur Literature Festival on January 18, 2026. In a chat with senior newsman Vir Sanghvi, Chandrachud pointed to the case of Umar Khalid. Khalid has been in jail for more than five years without his trial beginning. He was picked up in 2020 under a tough law called UAPA for his supposed role in planning the Delhi riots. Chandrachud said that in such cases, courts should give bail more often if trials take too long. He made it clear he was speaking as a common person, not as a judge, and not to find fault with the Supreme Court.

Chandrachud reminded everyone about Article 21 of the Constitution. This part says every person has the right to life and freedom, and that includes a quick trial. “If a fast trial is not possible right now, then bail should be the main thing, not keeping someone in jail,” he said. He added that no one can give back the years lost if a person stays in jail for five or seven years and then gets proven not guilty. This hits hard in Khalid’s case, where the trial has not moved forward much, even with hundreds of people to question as witnesses.

During his time as Chief Justice from 2022 to 2024, Chandrachud handled about 21,000 requests for bail. He gave examples of how the Supreme Court stepped in to help people. One was Congress leader Pawan Khera, who was almost arrested at an airport for saying something rude. The court stopped that because not every bad word is a crime. Another was activist Teesta Setalvad. When a lower court said no to her bail, the Supreme Court heard her case late at night and let her out. These show the court can act fast to protect rights, Chandrachud said.

But he also said courts must look closely at cases about national safety. Bail can be said no to if the person might do the crime again, run away, or mess with proofs. If these things are not there, bail should come. “National security can’t just be a reason to keep someone locked up without checking,” he noted. This comes at a time when many say laws like UAPA are used too much to hold people without strong reasons.

The Umar Khalid Case: What Happened

Umar Khalid was a student at Jawaharlal Nehru University. He got arrested in September 2020. Police said he helped plan the riots in northeast Delhi that year, which killed over 50 people and hurt many more. They charged him under UAPA, a law meant for terror acts. This law makes it hard to get bail because courts have to believe the charges are true at first. Khalid says he is not guilty and that his speeches were about peace, not violence.

His trial has been slow. There are about 900 witnesses, and the case has many other people accused too. Khalid asked for bail many times. Lower courts said no. When it went to the Supreme Court in 2023, it got put off more than 10 times. In the end, he took back his request in February 2024 without a final say. Then, on January 5, 2026, another bench of the Supreme Court said no to bail for him and Sharjeel Imam, another man in the same case. The court said they helped plan and push the riots.

Many news papers wrote strong words against this. The Indian Express said the court mixed up who plans and who does the acts, but kept both in jail. The Hindu called it wrong to turn “bail is rule, jail is exception” upside down. They say this goes against old Supreme Court rulings that favor freedom until proven guilty. Calls are growing to change UAPA so it does not keep people in jail for years without proof.

Criticisms of Chandrachud’s Role

Not everyone agreed with Chandrachud’s words. Some said he is saying this now, but did not do much when he was in charge. Lawyer Prashant Bhushan pointed out that Chandrachud sent Khalid’s bail to a bench led by Justice Bela Trivedi. She used to work as law secretary for the Modi government. Many think she does not go against the government’s wishes. “So says the former CJI who had sent Umar Khalid’s bail plea to the bench of Justice Bela Trivedi,” Bhushan wrote on X.

On social media, people talked a lot. One post said Chandrachud blamed Khalid’s lawyers for delays before, but now talks about bail. Another called it sad that even the top judge waits until he retires to speak freely. At the festival, the room went quiet when the question came up, showing how touchy the topic is.

Chandrachud answered this by saying judges have no place to explain themselves outside court. “The reality inside the courtroom is a little more nuanced than the chatter outside,” he had said before. But critics like those from Supreme Court Observer say the court’s reasons for no bail were weak and did not follow old rules.

Bigger Problems in India’s Courts

This case shows bigger issues in how justice works in India. Many people stay in jail for years as undertrials. Lower courts often say no to bail because they fear questions about their honesty. Chandrachud said this fear makes cases go up to the Supreme Court. “Judges in district and high courts hesitate to grant bail due to a growing culture of fear,” he noted.

UAPA is a big part of this. Made in 1967, it lets police hold people for acts that threaten the country. But many say it is used against those who speak against the government, like students and activists. In Khalid’s case, his speeches are seen as calls for trouble, but he says they were for rights. Panels at the festival talked about how five years without trial is not fair.

Experts want changes. Make trials faster, check charges better before jail, and let bail unless real danger. “Pre-trial detention cannot be treated as punishment,” Chandrachud said. If not, it turns the law into a tool to silence people.

The government says UAPA is needed for safety. But with cases like this, more people ask if it hurts basic rights. Opposition parties like Congress say power is misused to jail critics. “This shows how political power is being misused,” one leader said.

What Happens Next for Khalid and Reforms

Khalid can ask for bail again or fight the charges. But with slow courts, it might take more time. His case is one of many under UAPA. Sharjeel Imam is in the same boat, jailed since 2020 for speeches.

Chandrachud’s words might push for change. News like The Quint said the denial was “completely wrong” with “many errors.” If top voices speak up, maybe laws get fixed. But for now, Khalid waits in jail, a sign of how hard it is to get justice sometimes.

In the end, this is about keeping the idea that everyone is innocent until court says otherwise. As Chandrachud put it, “National security can’t replace innocence.” India needs to balance safety and rights, or the system loses trust.

FAQs

What did DY Chandrachud say about Umar Khalid’s case?

He said Khalid has been in jail for over five years without trial, which goes against the right to a quick trial under Article 21. If trials are slow, bail should be given unless there is risk of crime again, running away, or changing proofs. He spoke as a citizen, not judge, at Jaipur Literature Festival.

Why was Umar Khalid arrested?

He was arrested in 2020 under UAPA for allegedly planning the Delhi riots. Police say his speeches led to violence. Khalid says he is innocent and spoke for peace. The riots killed over 50 and hurt many in northeast Delhi.

What is UAPA and why is it hard to get bail under it?

UAPA is a law from 1967 to fight terror and acts against the country. It makes bail tough because courts assume charges are true first. Many say it is used to hold critics without strong proof.

Why do critics call Chandrachud hypocritical?

As CJI, he sent Khalid’s bail to Justice Bela Trivedi’s bench, who worked for Modi government before. The case got delayed and withdrawn. Now he talks about bail, but did not act then, they say.

What are the calls for UAPA reforms?

People want faster trials, better checks on charges, and easier bail. Editorials say recent denials turn “innocent until guilty” around. Reforms could stop long jail time without proof.

How many bail cases did Chandrachud handle as CJI?

About 21,000 in 24 months from 2022 to 2024. He gave examples like stopping arrest of Pawan Khera and night bail for Teesta Setalvad.

What is Article 21 and why does it matter here?

It gives right to life and freedom, including quick justice. Long jail without trial breaks this, as no one can get back lost years if found not guilty.