'National Security Can’t Replace Innocence': Says Former CJI DY Chandrachud On Umar Khalid Bail

| Jan 19, 2026, 10:31:41 AM | TOI.in
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Ex-Chief Justice DY Chandrachud’s remarks on bail have placed India’s criminal justice system under a harsh spotlight. Responding to questions on Umar Khalid’s prolonged incarceration, Chandrachud said the Constitution demands bail before conviction unless specific risks exist. He stressed that national security cannot become a blanket justification to deny liberty and urged courts to examine whether detention is truly necessary and proportionate. Calling long delays a violation of Article 21, he warned that undertrials who spend years in jail and later walk free suffer irreversible loss. Chandrachud also highlighted a culture of fear among trial judges, where granting bail risks career damage. The outcome, he said, is overcrowded prisons and mounting pressure on higher courts. His comments underline a deeper crisis, where liberty is quietly eroded in the name of caution.

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