Ex-CJI Chandrachud says bail should be a right if speedy trial not possible

“Bail, before the constitution, should be a matter of right. Our law is founded on one presumption that every accused is innocent until they are proven guilty at a trial. Pretrial detention cannot be a form of punishment. If someone is jailed for five to seven years before trial and then is acquitted finally, how would you compensate for that lost time?

The bail is denied when the accused may repeat offence, tamper the evidence, or flee. If these three exceptions are not made out, bail has to be the rule. Now the problem which we are facing today is this, a lot of our laws, particularly those relating to national security, have turned the law on its head by substituting the presumption of innocence with almost a presumption of guilt,” he said.

Chandrachud added that courts must scrutinise national security cases very carefully.

“Now, one of the serious problems of the criminal justice administration in India is the inability of our prosecutions to conclude trials within a reasonable period of time. If that is so, you have one fundamental right, which is the right to life. Article 21 includes the right to a speedy trial.