A recent online discussion, highlighted by a trending search screenshot, has brought former Chief Justice of India (CJI) U.U. Lalit’s remarks on bail back into focus. While the graphic references “fast chandrachud,” it connects to a vital national conversation on pretrial detention spearheaded by legal experts, including former CJI D.Y. Chandrachud.
Pic of Ex-CJI Chandrachud's and Umar Khalid
Their arguments center on a simple yet profound principle: excessive delays in trials undermine justice itself.
The Core Argument: Bail, Not Jail, Should Be the Default
In various speeches and legal opinions, former CJI D.Y. Chandrachud has consistently emphasized that bail should be the rule, and jail the exception. This isn’t a new concept but a cornerstone of criminal jurisprudence, rooted in the presumption of innocence.
However, the gap between this legal ideal and ground reality is stark. As highlighted in recent reports by Live Law and The Hindu, figures like Justice Lalit have pointed out that keeping undertrial prisoners incarcerated for years before their guilt is proven amounts to a “serious violation” of their fundamental rights.
This discussion isn’t merely academic. It questions the systemic hurdles within the Indian criminal justice system—case backlogs, procedural delays, and a sometimes overly cautious approach to granting bail—that keep thousands behind bars without a conviction.
The Umar Khalid Case: A Contemporary Example
The principles of this bail debate are vividly illustrated in ongoing legal cases, such as that of activist Umar Khalid. Khalid, arrested under the Unlawful Activities (Prevention) Act (UAPA) in 2020, has been in custody for years as his trial progresses.
His repeated bail applications have been denied, with courts citing the stringent provisions of the anti-terror law. For many legal observers and rights activists, his prolonged detention without trial exemplifies the very “pre-trial detention” crisis that former CJIs are cautioning against.
The UAPA, with its strict bail conditions, presents a significant legal challenge. Critics argue it creates a near-insurmountable barrier to release, testing the balance between national security concerns and individual liberty.
This case, often covered by outlets like NDTV, serves as a real-time reference point for why senior jurists are urging courts to apply bail provisions more liberally, ensuring that the process does not become the punishment.
Building a More Just System: The Path Forward
The call from eminent jurists is clear: reform is needed. This involves courts adopting a more compassionate and rights-based approach when considering bail, especially in cases where trials are likely to be protracted. It also underscores the need for broader systemic changes—increasing judicial capacity, streamlining procedures, and ensuring speedy trials as mandated by law.
The trending online discussion, captured in the screenshot, shows this issue resonating with the public. It’s a reminder that the fairness of a society is judged by how it treats individuals awaiting judgment.
The insights from former CJIs D.Y. Chandrachud and U.U. Lalit are not just legal opinions but a roadmap for upholding the true spirit of justice, where liberty is the default, not a prolonged exception.
