Former Chief Justice of India DY Chandrachud weighed in on the prolonged detention of student activist Umar Khalid during a session at the Jaipur Literature Festival, stressing that bail should be the default before conviction, not jail time dragging on indefinitely. Khalid, arrested nearly five years ago in the 2020 Delhi riots larger conspiracy case under UAPA, remains without trial, prompting Chandrachud to highlight speedy justice as a core right under Article 21.​

Chandrachud clarified the settled legal exceptions where bail can be denied: fears of the accused repeating the offense, fleeing justice, or tampering with evidence—none of which automatically apply just because national security is invoked. He treaded carefully on Khalid's specifics, avoiding critique of ongoing courts, but underscored that endless pre-trial lockup turns into punishment, eroding constitutional safeguards no strict law can override.​

This comes amid Khalid's repeated bail rejections—from Delhi trial court in 2022, High Court in 2025, and stalled Supreme Court pleas—despite arguments over WhatsApp chats lacking direct incitement or recoveries. Chandrachud defended judicial workload, noting his tenure saw 21,000 bail matters cleared, urging decisions based on evidence over public clamor or hindsight.​

His stance echoes broader debates on UAPA's bail hurdles, where "jail is the rule" often prevails, as seen in co-accused like Sharjeel Imam's denials. Globally, similar tensions arise—think US post-9/11 detentions or UK's extended pre-charge holds—yet speedy trial mandates persist to balance security and liberty.​

For India's justice system, Chandrachud's reminder pushes for proportionality: if trials lag, release with conditions beats indefinite limbo, rebuilding trust in a judiciary navigating riots cases fraught with free speech claims.​