Ex-CJI DY Chandrachud Recalls Saving Congress Leader from Arrest, Stresses Right to Bail

New Delhi: Former Chief Justice of India DY Chandrachud has reiterated that obtaining bail before conviction is a fundamental right of every citizen, while emphasizing that cases involving national security require careful scrutiny before granting such relief. His remarks come amid ongoing debates over the denial of bail to student leader Umar Khalid, raising concerns about the state of liberal democratic values in the country.

A Personal Anecdote: Congress Leader Pawan Khera

Speaking candidly as a private citizen, Chandrachud recounted a notable incident involving Congress spokesperson Pawan Khera. According to the former CJI, Khera was on a flight to Guwahati and was on the verge of being arrested. Paramilitary forces had reportedly surrounded the aircraft, preparing to detain him.

Chandrachud recalled that Khera’s lawyer approached the bench and explained the situation immediately after lunch. “They were about to arrest him for something considered rude or improper,” Chandrachud said. “But my view was clear—while the act was indecorous, it was not a criminal offense. We intervened and ensured he was not taken into custody.”

He emphasized that while Khera’s remarks were objectionable, not every offensive or improper statement constitutes a crime under Indian law.

Bail During His Tenure

The former CJI also highlighted his experience with bail applications during his tenure: “Over 24 months, the bench disposed of nearly 21,000 bail petitions. Many of these cases are not widely known, yet when the Supreme Court is criticized for denying bail in high-profile matters, the broader context is often overlooked,” he noted.

Regarding Umar Khalid, Chandrachud stated: “He has been in custody for five years. I am not criticizing the court… Bail conditions can be set to prevent misuse, but the fundamental right to a speedy hearing must be upheld. Bail should be the rule, and denial an exception, where immediate hearings are not feasible.”

Chandrachud’s reflections underline the importance of protecting civil liberties, including pre-conviction bail, while balancing the demands of national security and public order.