India • October 28, 2026

‘In Our System, the Process Becomes the Punishment’: Former Supreme Court Judge Sanjay Kaul

‘In Our System, the Process Becomes the Punishment’: Former Supreme Court Judge Sanjay Kaul

New Delhi: Former Supreme Court judge Sanjay Kaul has raised concerns over delays in the criminal justice system, observing that the legal process itself can sometimes become a form of punishment. His remarks came in the context of the bail pleas of activists Umar Khalid and Sharjeel Imam, bringing renewed attention to the issues of prolonged pre-trial detention and the right to personal liberty.

“The process becomes punishment in our system,” Kaul observed, highlighting the difficulties faced by accused persons who remain in custody for extended periods while awaiting the conclusion of legal proceedings.

Umar Khalid and Sharjeel Imam are accused in the larger conspiracy case linked to the February 2020 communal violence in northeast Delhi. Both have sought bail in the case, which has remained a subject of legal and public debate over the balance between individual liberty, the seriousness of allegations and the pace of judicial proceedings.

The issue has once again drawn attention to the principle that an accused person is presumed innocent until proven guilty. The duration of pre-trial detention and the time taken to decide bail applications remain important concerns in discussions on criminal justice and constitutional freedoms.

Kaul’s remarks underline the broader question of how the justice system can ensure timely proceedings while safeguarding the fundamental rights of individuals facing criminal charges.