Former CJI D.Y. Chandrachud Prolonged Pre-Trial Detention
Former Chief Justice of India D.Y. Chandrachud has said that keeping people in jail for years before their trial effectively amounts to punishment and distorts the basic principles of criminal law. He warned that such practices turn the legal system on its head by undermining the presumption of innocence.
Bail Should Be the Norm
Chandrachud stressed that bail before conviction should be treated as a rule, not an exception. He said denial of bail should be limited to specific circumstances, such as the risk of the accused fleeing, influencing witnesses, or posing a serious threat to society. Prolonged incarceration without trial, he said, violates personal liberty.
Concerns Over Delayed Trials
Highlighting delays in the criminal justice system, the former CJI said undertrials often remain behind bars simply because cases move slowly. He noted that when there is no realistic prospect of a trial concluding soon, continued detention becomes punitive rather than preventive.
Need for Judicial Caution
Referring to cases involving stringent laws, Chandrachud said courts must carefully assess whether extended custody is justified. He underlined that the right to a speedy trial is a constitutional guarantee and should not be rendered meaningless by routine denial of bail.
