The Supreme Court of India on Monday (5 January 2025) refused to grant bail to former student leaders Umar Khalid and Sharjeel Imam. After this decision came to light, discussion about the news started in the media of neighboring country Pakistan also. This issue has been prominently published by Pakistani newspaper The Dawn. He wrote, ‘The Supreme Court said in its order that staying in jail for a long time cannot in itself be a basis for bail. Umar Khalid has been in jail for more than five years and is accused of conspiring in the 2020 Delhi riots.

Umar Khalid, 38, was arrested in September 2020 under UAPA (stringent anti-terrorism law). Since his arrest, he has been under continuous detention, although he was allowed to attend family weddings for some time.

The matter is related to Delhi riots

This case is related to the Delhi communal riots of February 2020, in which 53 people died. Police allege that Umar Khalid gave inflammatory speeches before the riots and was involved in the conspiracy of violence. Many serious sections have been imposed on Umar Khalid. The Supreme Court also refused to grant bail to student leader Sharjeel Imam in the same case. However, the court has granted bail to 5 other accused in the same case.

Displeasure of human rights organizations

The case of Omar Khalid has also been a matter of concern for international human rights organizations. Seven organizations, including Amnesty International, had issued a statement in support of him in September and demanded his release. Amnesty had said that the long imprisonment of Omar Khalid raises serious questions on the justice system in India and it is against international human rights principles.

Also associated with CAA protests

Umar Khalid’s arrest came a few months after major protests against the Citizenship Amendment Act (CAA). This law, brought in 2019, facilitates granting citizenship to non-Muslim minorities of three neighboring countries, but keeps Muslims out of it. In 2022, Umar Khalid wrote an open letter from jail, in which he said that we can be kept in jail for years without proving that we have committed any crime.

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Delhi news: The bail plea of ​​Khalid Saifi, accused in the ‘conspiracy’ case of 2020 Delhi riots, was strongly debated. Senior advocate Rebecca John appeared in the High Court on behalf of Khalid. He said that protesting in democracy cannot be terrorism. Justice Naveen Chawla and Shalinder Kaur were hearing on bail.

Rebecca John said, “If I join any performance in places like Jantar Mantar or Gandhi Peace Foundation, does it mean that I am plotting.” He said that it is the right of every citizen to protest and it is against the basic principles of justice to present it as a crime.

Khalid Saifi’s strong debate on bail

Rebecca John argued that no weapon was recovered from Khalid Saifi. No illegal funding was found. Nevertheless, he has been kept in jail for five years. He raised the question that when the Delhi Police did not find any concrete evidence against Khalid, then why delay in granting bail. The court was told that Khalid Saifi was on a wheelchair in the first appearance. He had plaster on his body. Rebecca John said that wheelchair and plaster shows what happened in custody with Khalid Saifi. Is it not enough to shock the court conscience?

‘Is it a crime to disagree with the government?’

Khalid Saifi’s lawyer said that if a WhatsApp chat or conversation is with the prosecution, it should be proved in the case. But it is not right to keep someone in jail for years by applying UAPA. He questioned whether it has now become a crime to disagree with the government in democracy. Explain that the High Court is hearing the bail petitions of other accused including Umar Khalid, Shajil Imam, Mohammad Salim Khan, Shifa-ur-Rehman, Shadab Ahmed, Atar Khan, Khalid Saifi and Gulfisha Fatima in the Delhi riot case. The next hearing will be held on 16 April.

https://www.youtube.com/watch?v=hlsmsqdvkx4

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