Anwarulhaq Baig
NEW DELHI: The prolonged detention of Umar Khalid, a prominent student activist and researcher from Jawaharlal Nehru University (JNU), has ignited a fierce debate in India about civil rights and freedom of speech. Khalid, who has completed four years this week in Tihar Jail without bail or trial under the Unlawful Activities (Prevention) Act (UAPA), has garnered support from civil society figures, legal and academic luminaries, activists, and even film stars demanding his release.
Khalid, known for his activism against the Citizenship Amendment Act (CAA), was arrested on September 13, 2020, in connection with the Delhi riots conspiracy case. The CAA, passed in December 2019, has faced criticism for allegedly discriminating against Muslims. The riots in northeast Delhi in February 2020 resulted in the deaths of about 53 people, the majority of whom were Muslims. Of the 18 individuals charged in the case, 16 are Muslim.
Khalid’s initial bail plea was rejected by the trial court in March 2022, and this decision was upheld by the Delhi High Court in October 2022. Khalid approached the Supreme Court in April 2023 but withdrew his plea in February 2024, citing a “change in circumstances” and hoping for a fresh start in the trial court. Khalid had previously gained national attention during the 2016 JNU sedition controversy, where he was charged with sedition for participating in protests against the execution of Afzal Guru, a convict in the 2001 Parliament attack.
While talking to Indiatomorrow.net, Khalid’s father, Dr. SQR Ilyas, expressed frustration over the lack of progress in the case, stating, “It is unfortunate that even after four years, the case has not yet started, and charges have not been framed. The case is based on false and fabricated charges, leading to prosecution delays aimed at keeping the accused in custody for as long as possible.” He lamented the reversal of the principle that “bail is a rule, and jail is an exception,” especially in cases involving anti-CAA activists.
Dr. Ilyas described the tiring legal battle for bail, noting that under UAPA, the burden of proof lies with the accused, unlike other criminal charges under the IPC. He recounted that the trial court and High Court both denied bail, and the Supreme Court case experienced numerous adjournments before it was withdrawn. Despite reapplying to the trial court and High Court, the bail plea was again rejected.
Dr. Ilyas argued that Khalid’s prolonged detention is a result of the government’s attempt to suppress dissent against its policies. He highlighted the disparity in bail proceedings for politicians versus activists, noting that political figures often receive swift bail while activists face prolonged detention.
Prominent Reactions to Khalid’s Incarceration
Prominent figures have voiced their support for Khalid and criticized his prolong detention. The social media flooded with messages demanding justice for Umar Khalid.
Yogendra Yadav, political activist and leader of Swaraj India, described Khalid’s situation as a stain on the justice system, tweeting, “Umar Khalid has completed 4 years in jail. Without trial. Without bail. Without a crime. These four years are a stain on our justice system and on the Indian Constitution. #UmarKhalid4YearsInJail #4YearsOfInjustice.”
In a video speech, Yadav emphasized that Khalid and twelve other individuals have been detained for over four years on what he described as false and fabricated charges. “I am not using mild words; these cases are completely false. The people who openly incited riots and threatened violence before the riots have faced no consequences. Meanwhile, those who advocated for Gandhi and non-violence, like Umar Khalid, are facing charges,” Yadav stated.
He said, “As an eyewitness, I have attended several meetings with Umar Khalid, where he consistently spoke against hatred and violence, advocating for love and non-violence. Umar Khalid was not even in Delhi when the riots occurred. I am a witness to the fact that these charges are baseless.”
The leader of Swaraj India criticized the ongoing delays in Khalid’s case, noting, “You might say, ‘Fine, the case has been filed, go to court and prove your innocence.’ But how can one prove their innocence when the trial has not even started? As soon as the trial is about to begin, Delhi Police files a new charge sheet, claiming new evidence, and delays the process. This charade has been going on for four years.”
He accused the Delhi Police of lacking evidence and delaying justice, remarking, “Delhi Police keeps saying that they are still investigating, but they have no evidence. The case has been brought before the Supreme Court 14 times, but no decision has been made. These four years are a blot on the entire justice system, police, administration, courts, and even the Supreme Court. It is a stain on the Indian Constitution.”
The asserts, “Umar Khalid should be a hero of this country, not a criminal. He is a gem of this nation, someone who stands against all forms of injustice with integrity. He speaks against injustice faced by Muslims as well as injustices faced by other communities. He opposes both Hindu and Muslim communalism and advocates Gandhi’s and Bhagat Singh’s ideals. Such individuals are not just heroes of a single community but of all the youth of this country. One day, this nation will see and recognize Umar Khalid for who he is. When you come out, we will stand together and say, ‘Truth prevails.’”
Noted Supreme Court advocate and civil rights activist Prashant Bhushan criticized the absurdity of the charges against Khalid, questioning why the principle of bail being the rule and jail the exception is not applied in his case.
Journalist Piyush Rai highlighted a stark disparity in the treatment of prisoners, noting that Gurmeet Ram Rahim received parole multiple times during a similar period of incarceration as Khalid.
Professor Apoorvanand Jha raised questions about the denial of bail to key figures involved in the CAA protests, urging the judiciary to address the prolonged detention of Khalid and others.
Social activist Harsh Mander expressed deep sorrow and outrage over Khalid’s continued imprisonment, calling it a profound injustice. Actress Swara Bhasker condemned the situation as a travesty in a democratic country.
Renowned anchor and journalist Arfa Khanum Sherwani frames Umar Khalid’s prolonged imprisonment as a narrative of bravery and the harsh consequences of challenging majoritarian Hindutva rule.
Storyteller and screenwriter Darab Farooqui re-shares a speech by Umar Khalid that has contributed to his four-year imprisonment.
Economist Jayati Ghosh criticizes the treatment of Umar Khalid, highlighting the blatant absurdity of the charges and the prolonged imprisonment without bail.
Poet and journalist Kaushik Raj calls for support for Umar Khalid, questioning whether protesting should be considered a crime. Raj urges the public to speak out against Khalid’s unjust detention and advocate for his release.
Dr. Amol G Kamble emphasizes that the Supreme Court’s concerns about prolonged detention should apply to Umar Khalid’s case.
Demanding justice and a fair trial for Khalid, academic and political scientist Suhas Palshikar critiques the lack of judicial scrutiny regarding Umar Khalid’s prolonged detention. Palshikar says, “it might be useful to remember and critique the Watali ruling that shuts the doors for any judicial scrutiny of executive interpretation.”
Comparing the treatment of Umar with the bail granted to other prisoners, including Kejriwal, Photojournalist Alishan Jafri writes on his X, “Kejriwal gets bail and rightly so because ‘bail is the rule, jail is an exception’.In other news, Umar Khalid completes 4 years in prison without a trial.”
Writer and journalist Rohini Singh decries the fact that Umar Khalid has been in jail for four years without a trial, calling it a blot on India’s judiciary.
Screening of Documentary “Prisoner No. 626710 is Present”
To mark the 4 years of Khalid’s incarnation, the documentary Prisoner No. 626710 is Present is being screened across various platforms, from India to Oxford campuses, highlighting his case. This documentary film , directed by Lalit Vachani, highlights Khalid’s prolonged incarceration and the injustices he faces. The film premiered in India and Germany, offering a critical look at Khalid’s detention under UAPA. It depicts Khalid’s speeches with an analysis of how he was framed by right-wing media.
On September 13, the film was showcased at Somerville MCR at the University of Oxford, hosted by the South Asian Society. The event, which honoured Khalid’s resilience, drew significant attention from the academic community and beyond.
In Delhi, despite heavy rainfall, the film was screened at Jawahar Bhawan Auditorium, Windsor Place, on the same day. The screening attracted a crowd committed to demonstrating solidarity with Khalid and addressing broader issues of freedom and justice. The event featured a poignant discussion with Banojyotsna Lahiri, Apoorvanand, and Shuddhabrata Sengupta, moderated by Anirban Bhattacharya. Attendees used the occasion to reaffirm their call for Khalid’s release and advocate for the freedom of all political dissenters.
On September 17, a further event was held at Speaker Hall, Constitution Club of India, New Delhi. Titled “Curtailed Freedoms: A Travesty of Justice,” this gathering, organized by APCR and Concerned Citizens Delhi, marked the fourth anniversary of Khalid’s imprisonment. The event emphasized the urgent need for the release of all political prisoners and highlighted the continuing struggle for justice in the country.