Umar Khalid, a 36-year-old Indian activist, has been languishing in jail without bail or trial for his alleged involvement in violent clashes in Delhi that took place in September 2020. The clashes resulted in the deaths of 53 people, mostly Muslims, and occurred during months-long protests against a controversial citizenship law. Since his arrest, Mr. Khalid has consistently denied the charges against him, claiming that he participated only in peaceful protests. However, he has been charged under the Unlawful Activities (Prevention) Act (UAPA), a stringent anti-terror law that makes it extremely difficult to obtain bail. Multiple attempts to secure bail for Mr. Khalid have been unsuccessful, and the Supreme Court has yet to hear his bail petition, despite 11 scheduled dates over the past eight months.
The case against Mr. Khalid has been met with widespread criticism, with legal commentators describing the evidence presented as “weak” and not substantiating the imposition of terrorism charges. In fact, a report compiled by a former Supreme Court judge, three retired high court judges, and a former federal home secretary found no compelling evidence to support the terrorism charges against Mr. Khalid. They also raised concerns about the reliability and possible fabrication of witness statements.
The denial of bail to Mr. Khalid has drawn international attention and sparked concerns about the shrinking space for free expression and peaceful assembly in India. Amnesty International has criticized the decision, highlighting its implications for dissenting voices and warning of a “chilling precedent.” The continued detention of Mr. Khalid serves to silence critical voices and stifles the democratic right to protest and express grievances.
Despite his confinement, Mr. Khalid remains resilient, engaging in various activities to pass the time and maintain his spirits. He reads voraciously, writes applications for fellow prisoners, and watches cricket on TV. He has also been diligently writing, intending to create a prison diary that has attracted the interest of publishers. Although his family and friends have limited contact with him, they continue to provide support and visit whenever possible.
This case raises important questions about the functioning of the Indian justice system and the protection of civil liberties. The prolonged detention of Mr. Khalid without trial raises concerns about due process and the right to a fair and speedy trial. It also highlights the need for a thorough examination of the UAPA, which has been criticized for its draconian provisions and the potential for misuse.
As the trial of Umar Khalid progresses, it is vital to closely monitor the proceedings and demand transparency, fairness, and adherence to the principles of justice. The case has implications not only for the fate of Mr. Khalid but also for the broader protection of civil liberties and the safeguarding of democratic values in India. Individuals and organizations advocating for human rights and freedom of expression must continue to raise awareness about this case and exert pressure on the authorities to ensure a just and timely resolution.
Meanwhile, as Mr. Khalid endures his confinement and continues his fight for justice, his resilience and determination serve as an inspiration to many. His story of standing up for his beliefs in the face of adversity resonates not only in India but also globally, reminding us of the importance of defending fundamental rights and working towards a more just and inclusive society.
