Desk Correspondent , Jaipur - Former Chief Justice of India D.Y. Chandrachud has offered a definitive defense of personal liberty, asserting that bail must be granted as a constitutional mandate unless specific, narrow exceptions are proven. Speaking at the Jaipur Literature Festival on Sunday, January 18, 2026, in conversation with Vir Sanghvi, the retired jurist laid out three and only three justifiable grounds for denying bail: flight risk, evidence tampering, and the likelihood of repeating the offense. "If these three exceptions are not made out," he stated bluntly, "bail has to be the rule."

Addressing the "process as punishment" phenomenon, Chandrachud expressed grave concern over the years-long detention of undertrials, specifically referencing the case of activist Umar Khalid, who has remained in jail since 2020 without trial. While defending the judiciary against claims of institutional bias, he warned that several modern laws—particularly those invoking national security—have dangerously inverted the legal landscape. "A lot of our laws today have substituted the presumption of innocence with almost a presumption of guilt," he observed, urging courts to rigorously scrutinize whether state claims of national security are genuine or merely a pretext for prolonged detention.

The former CJI also highlighted a "culture of distrust" within the judiciary, where lower court judges often hesitate to grant bail out of fear that their motives will be questioned by higher authorities or the public. He reminded the audience that under Article 21, the right to life inherently includes the right to a speedy trial. "If an expeditious trial is not possible under present conditions, then bail should be the rule and not the exception," he concluded. His remarks come at a time of intense national debate over the use of stringent laws like the UAPA to bypass traditional bail jurisprudence.