NEW DELHI: Congress spokesperson Supriya Shrinate on Monday dismissed former Chief Justice of India (CJI) DY Chandrachud’s remarks on 2020 Delhi riots accused Umar Khalid’s prolonged incarceration without trial as “fancy words,” prompting BJP leader Shehzad Poonawalla to accuse her of questioning the judges’ integrity.Also Read | ‘Grant bail in case of delayed trial’: Ex-CJI DY Chandrachud cites Umar Khalid case; flags national security scrutiny“Fancy words at a literature festival! But what stopped him to do the right thing? During his own tenure as CJI, the bail plea was filed in SC in 2023, adjourned over 10 times. As master of roster he sent this plea to Beli Trivedi’s bench-knowing what fate it would meet!,” Shrinate posted on X. Slamming Shrinate, Poonawalla, a former Congress leader, remarked that in an attempt to protect its vote bank, the “Sharjeel–Umar Bachao Gang” had become active. He was referring to Sharjeel Imam, another accused in the Delhi riots conspiracy case.“Votebank ke Naam Par Sharjeel-Umar Bachao Gang kaam par. Congress now questions wisdom of SC. Attacks Ex CJI Chandrachud. Attacks Justice Bela Trivedi. Questions their integrity,” he wrote on X.“Congress always attacks Judiciary and other constitutional bodies. Congress hates Ambedkar ji Sanvidhan. They love terrorists. They cry for Batla. They cry for Naxals. They cry for Afzal Yakub,” Poonawalla added.On January 5, the Supreme Court rejected the bail pleas of Khalid and Imam but granted conditional bail to five co-accused. Imam was arrested in January 2020, while Khalid was arrested in September that year. Delhi witnessed communal riots in February 2020 over the Citizenship Amendment Act, which critics alleged was designed to “disenfranchise” Muslims as citizens of India.They had approached the Supreme Court after their bail pleas were rejected by the Delhi high court.What ex-CJI Chandrachud saidChandrachud, who served as the 50th Chief Justice of India from November 2022 to 2024, made the remarks at the Jaipur Literature Festival on Sunday. Responding to a question on the Supreme Court denying bail to Khalid and Imam, he replied that bail before conviction should be treated as a matter of right, while stressing that courts must closely examine cases involving national security before granting such relief.“Bail before conviction should be a matter of right. Our law is based on a presumption, and that presumption is that everyone is innocent until proven guilty. If someone remains an undertrial prisoner for five or seven years and is finally proven innocent, how will you compensate for the time lost?” Chandrachud said.Citing examples from various cases, the former CJI added that bail may be denied if there is a likelihood of the accused reoffending, tampering with evidence, or using bail to evade the law.“If these three grounds are not present, then bail must be granted. Where national security is involved, it is the court’s duty to examine the case in depth. Otherwise, people remain imprisoned for years,” he stated.Although he has been hailed for several landmark judgments both as a Supreme Court judge and later as CJI — including the striking down of the electoral bonds scheme in February 2024 — the former chief justice has also faced criticism for rulings such as the Ayodhya case, in which he was part of a five-judge Constitution bench headed by then-CJI Ranjan Gogoi in November 2019, and the Khalid case.Chandrachud also came under severe criticism after Prime Minister Narendra Modi visited the-then CJI’s residence for Ganesh Puja in 2024.(With ANI inputs)
