‘उमर ख़ालिद को बेल मिलनी चाहिए थी…’ Former CJI DY Chandrachud के बयान की क्यों हो रही आलोचना?

The video examines why Former Chief Justice of India DY Chandrachud is facing criticism after publicly stating—post retirement—that Umar Khalid should have received bail. The host, Saurabh Shukla, frames the issue with a sharp metaphor: “कभी प्यासे को पानी पिलाया नहीं, बाद अमृत पिलाने से क्या फायदा?” He argues that Chandrachud’s remarks now carry little weight because he did not act on them while he was in office.

SEGMENT 1 (00:00–01:10) The Controversial Statement Emerges
At the Jaipur Literature Festival, during a panel moderated by journalist Vir Sanghvi, Chandrachud was asked why Umar Khalid had not been granted bail. Chandrachud responded with a principle of criminal jurisprudence: “दोष सिद्ध होने से पहले जमानत अधिकार है… every accused is presumed innocent until proven guilty.” This immediately triggered debate because Chandrachud did not grant bail when he had the authority to do so.

SEGMENT 2 (01:10–02:55) Explaining the Legal Principle
Chandrachud elaborated that India’s justice system is built on the presumption of innocence. He said until a trial concludes, an accused remains legally innocent. He also highlighted that pre-trial incarceration cannot become punishment, saying: “Pre-trial bail cannot be a form of punishment.” Saurabh Shukla contrasts this with the reality of Umar Khalid’s case, where this principle was not applied.

SEGMENT 3 (02:55–04:15) Why Bail Can Be Denied — and Why This Case Is Different
Chandrachud acknowledged that bail can be denied if there is a risk of:
• tampering with evidence
• repeating the offence
• absconding
But he stressed that these conditions must be justified. He also pointed out that other co accused in the same case received conditional bail, while Umar Khalid and Sharjeel Imam did not, raising questions of consistency.

SEGMENT 4 (04:15–05:10) Erosion of Trust & Judicial Fear
Chandrachud remarked that denial of bail in such cases increases public distrust in institutions: “न्यायाधीशों को यह डर सताता है कि कहीं उनकी निष्ठा पर सवाल तो नहीं उठाया जाएगा।” This, he said, is why many bail matters end up in the Supreme Court.

SEGMENT 5 (05:10–06:10) His Own Track Record & the Viral Clip
Chandrachud defended his tenure, stating: “In my 24 months, I disposed of more than 21,000 bail applications.” He emphasized that people often ignore the many cases where the Supreme Court did grant bail. In the viral clip, he also said: “They have been inside for five years… if an expeditious trial is not possible, then bail should be the rule and not the exception.”

SEGMENT 6 (06:10–07:10) Prashant Bhushan’s Sharp Critique
Activist lawyer Prashant Bhushan publicly questioned Chandrachud’s credibility, writing: “So says the former CJI who had sent Umar Khalid’s bail plea to Justice Bela Trivedi’s bench… known not to go against the Modi government’s wishes.” This intensified the debate, suggesting that Chandrachud’s actions as CJI contradicted his current statements.

SEGMENT 7 (07:10–08:00) Returning to the Central Irony
Saurabh circles back to his opening metaphor: “कभी प्यासे को पानी पिलाया नहीं, बाद अमृत पिलाने का क्या फायदा?” He argues that Chandrachud’s statements now, after retirement, feel symbolic rather than impactful.

SEGMENT 8 (08:00–End) Chandrachud’s Full Statement (Key Excerpts)
The video ends by playing Chandrachud’s full remarks, including:
• “Bail before conviction should be a matter of right.”
• “Every accused is presumed innocent until proven guilty at a trial.”
• “If an expeditious trial is not possible, then bail should be the rule and not the exception.”

CONCLUSION
The video argues that while Chandrachud’s legal reasoning is sound and rooted in constitutional principles, his timing is questionable. The criticism stems from a simple contradiction: He is advocating for Umar Khalid’s bail after leaving the position where he could have ensured it. This disconnect between principle and practice is what fuels the public debate.

#umar #dychandrachud #umarkhalid #justice #dychandrachudnews #supremecourt

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