By Admin 
Regarding the case of bail rejection of former student leader Umar Khalid, the country’s former CJI DY Chandrachud said on Sunday (January 18) that it is the right of a citizen to get bail before conviction. Along with this, the former CJI asked to ensure transparency in the collegium system related to the appointment of judges in the High Court and the Supreme Court and to restore and strengthen the trust of the common citizen in the judiciary.
‘The matter of right to bail before conviction’
When the issue of bail of Umar Khalid was initially raised by senior journalist Veer Sanghvi in the ‘Ideas of Justice’ session at the 19th Jaipur Literature Festival, Justice (Retd) Chandrachud said, “It is a matter of right to bail before conviction.” Our law is based on a presumption and that presumption is that any accused person is innocent until proven guilty.” Giving examples of several cases, Justice Chandrachud said that if there is a possibility of the accused returning to the society to commit the crime again, tampering with the evidence or taking advantage of bail to escape from the clutches of the law, then bail can be refused to the accused.
What did you say about national security?
He said that if these three grounds are not there then bail will have to be granted. I feel that where there is a national security issue, it is the duty of the court to investigate the matter in depth. Otherwise what is happening is that people remain in jail for years. Expressing concern over the delay in disposal of cases in the Indian criminal justice process, he said that the Constitution of the country is the supreme law and there is no concrete exception in the case and if there is a delay in speedy trial, the accused is entitled to bail.
What did the district courts say about not granting bail?
Justice Chandrachud described the non-grant of bail by the sessions and district courts as a matter of concern and said that distrust towards authority has increased and judges fear that their integrity will be questioned. He said that this is the reason why bail cases reach the Supreme Court. He described the decisions given by the Supreme Court regarding granting permanent commission to women in the armed forces, decriminalizing homosexuality and ‘electoral bonds’ as major transformative decisions of his tenure.
What was said on marital rape case
On the question of not taking up any post after retirement, Justice Chandrachud said that at present he is enjoying life as a citizen. When asked about his regrets regarding any case during his tenure, Justice Chandrachud said that it has been 76 years since the country got independence but even today marital rape has not been brought into the category of crime. He strongly advocated for change in the law for this. It was during his tenure that live telecast of Supreme Court proceedings was started not only in Hindi language but in all the Indian languages listed in the Eighth Schedule of the Constitution.
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