On February 13, 2024, former Chief Justice of India, DY Chandrachud, addressed the ongoing controversy over the denial of bail to Umar Khalid during an interview with Barkha Dutt on her YouTube channel, MOJO. The interview turned into a pointed conversation on how the Left and some sections of civil society have consistently criticized the judiciary over the case, accusing the system of bias, especially under the influence of the Modi government.
Barkha Dutt, citing examples like Mohammad Zubair and Arnab Goswami, referred to the CJI’s previous statements about his consistency in granting bail across the political spectrum. She also mentioned the recurring narrative that the judiciary might be under pressure to deny bail to those opposing the ruling government, with Umar Khalid’s case often coming up in this context.
When Dutt asked whether Chandrachud regretted not taking quicker action in cases like Khalid’s, the former CJI took the opportunity to clarify his stance and dismantle the narrative.
“I am not commenting on the merits of the case,” Chandrachud stated. However, he pointed out that it was Khalid’s legal team that had repeatedly requested adjournments while the bail petition was pending in the Supreme Court.
The former CJI was firm in his criticism of the delays: “On the one hand, lawyers appearing for the accused repeatedly ask for adjournments of cases before a judge, and then they withdraw the case. Can a segment of the bar or civil society not look at the record and ask, ‘Why is there reluctance to argue the case?’ Why is it that on one hand, there is a constant demand for more time, and then, on the other, the application is withdrawn without any substantial argument?”
He further challenged the legal approach of Khalid’s counsel, questioning why they did not present the case on the first day. “Either you argue it on the first day, or you say, ‘I don’t want to press my application’ and reserve it for another time,” he remarked.
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The former CJI’s comments dismantled the narrative that the judiciary had failed to act in a timely manner or was biased against Khalid. He emphasized that such perspectives are often shaped by media portrayals that do not reflect the true intricacies of court proceedings.
Chandrachud pointed out that the reality of judicial processes is more nuanced than what is portrayed on social media and in mainstream media: “If you look at the fine print of what really happens in the court, reality is very different.
Umar Khalid is an activist and former student leader from Jawaharlal Nehru University who has been at the center of controversy in India due to his involvement in the 2020 Delhi riots case. The case revolves around accusations that Khalid, along with several other individuals, was involved in the planning and instigation of communal violence during protests against the Citizenship Amendment Act and National Register of Citizens. In particular, the Delhi riots, which occurred in February 2020, led to violent clashes between supporters and opponents of the CAA, resulting in deaths, injuries, and extensive property damage. The violence was largely concentrated in Northeast Delhi. Umar Khalid was arrested and charged under various sections of the Indian Penal Code, including conspiracy and incitement to violence, for allegedly playing a key role in orchestrating the riots. He has denied these charges, and his supporters claim that he is being targeted for his activism against the government.
