Ex-CJI Chandrachud Opens Up About Activist Umar Khalid's Bail Rejection
In a recent interview, former Chief Justice of India D Y Chandrachud discussed the reasons for bail denial during court trials. After highlighting the importance of the principle of the ‘presumption of innocence until proven guilty’ and that ‘bail is right and jail is an exception,’ journalist Barkha Dutt posed questions regarding student activist Umar Khalid’s close to half a decade-long incarceration without bail or proper trial.
The journalist pointed out that what lay people see is people like Gurmeet Ram Rahim Singh standing on trial for rape and murder, getting multiple bails because he is politically powerful. At the same time, Umar Khalid, who is not enjoying the same clout, has been denied the right to bail and has been behind bars for years.
Read Also: “Am I Just An Anniversary Event?”: Umar Khalid Asks
The former chief justice, stating that he was not mentioning the merits of the case, said that he wanted to highlight something that has lost many people’s sight when it comes to Umar Khalid’s case. ‘There were at least seven or more adjournments, which were sought by the council appearing for Umar Khalid,” the former judge said, adding that lawyers appearing are for cases repeatedly demanding adjournments.
Read Also: Delhi Riots Case: Umar Khalid Gets 7-Day Interim Bail
The judge wondered why this reluctance to argue a case “Either argue on 1st day or say I don’t want to press my bail application,” the former CJI said, suggesting that it might have contributed to the stagnation in the trial or granting bail.
Chandrachud noted that in the particular case of Umar Khalid, it is a fact that repeated adjournments are being sought, and at the end of it the message conveyed on social media is different from the reality, which “is a little more nuanced,” Chandrachud said when the journalist asked if there is any unevenness in which these principles are applied in cases like Umar Khalid’s.
Read Also: Prisoners Without Trial For Years, Most From Marginalised Communities
The former CJI did not mention the case of rape accused and self-styled godman Ram Rahim who has got at least 12 releases on bail since he was imprisoned in 2017. The former Dera chief has been named in several cases including rape, murder, blasphemy and forced castration, and is currently facing a 20-year sentence in rape cases.
Notably, elaborating on the wider aspects of the matter, the former CJI stated that it is not just the presumption of innocence that the judges consider but the wider societal interest as well. ‘They need to protect the society from any crime’ the former chief justice said, adding that he does not talk about any particular case.
Observing the general bail principle, the former judge said that all judges are conscious of the principle of the presumption of innocence until proven guilty. The former CJI said many factors will be considered when considering bail, which include the stage of trial, the likelihood of the accused fleeing from justice, the duration of the trial, and the number of witnesses, among others. Within this spectrum, there are judges deciding cases with their own experiences in life, he adds.
Many have questioned how multiple adjournments by Umar Khalid’s council can be a factor in granting him bail, noting that the judges are supposed to be going on the merits of the case. Some have lambasted the public outcry over the denial of bail to Umar Khalid, citing the former CJI’s reasoning for adjournment in the case.
“Ex-CJI Chandrachud slams Liberals on Umar Khalid bail: “Umar’s lawyers keep on demanding adjournments and eventually withdraw bail application.” “Why the reluctance in arguing the case?” “Either argue on the 1st day or say I don’t want to press my bail application.” “Reality is very different” from what Liberals show,” an X user, Ankur Singh, wrote on X.
🚨Ex-CJI Chandrachud slams Liberals on Umar Khalid bail
“Umar’s lawyers keeps on demanding adjournments and eventually withdraw bail application”
“Why reluctance in arguing the case?”
“Either argue on 1st day or say I don’t want to press my bail application”
“Reality is very… pic.twitter.com/kga6kNox5u
— Ankur Singh (@iAnkurSingh) February 13, 2025
A recent report collected by human rights activist Surendra Gadling and cultural activist Sagar Gorkhe, among others, revealed that many people have been spending their precious time in jail after getting incarcerated without being produced before the court for years. Some have not even got bail and are forced to be behind bars without even being produced before the court for trial, revealing the dark truth about the judicial system. Notably, most of the victims are from marginalised and poverty-stricken communities, according to the report.
