By Anwarulhaq Baig
NEW DELHI: Human rights activists from all over the country have begun the cry demanding the immediate release of Umar Khalid, who was arrested in September 2020 in connection with the Northeast Delhi riots in which more than 50 persons were killed, mostly Muslims.
A well-known student activist and researcher from Jawaharlal Nehru University (JNU), he has been in in Tihar Jail for four years without bail or trial. He is charged under the Unlawful Activities (Prevention) Act (UAPA) related to the Delhi 2020 riots.
His long detention has led to discussions in India about civil rights and freedom of speech.
Meanwhile, a documentary film ‘Prisoner No. 626710 is Present’ which looks into the events that led to Umar Khalid’s arrest and his long time in jail, is being screened across various platforms, from India to Oxford campuses. The film was made by Lali Vachani.
Umar Khalid is one of about 60 people accused of conspiracy related to the violence in Northeast Delhi.
Out of the 18 people formally charged in the case, 16 are Muslim. Others charged include Ishrat Jahan, Safoora Zargar, Meeran Haider, and Shifa-Ur-Rehman from the Jamia Coordination Committee, former councillor Tahir Hussain, activist Khalid Saifi, and former JNU researcher Sharjeel Imam.
The riots, which resulted in the deaths of over 50 people, mostly Muslims, occurred amid widespread protests against the Citizenship Amendment Act (CAA).
Umar Khalid’s initial bail plea was denied by the trial court in March 2022, and this decision was confirmed by the Delhi High Court in October 2022. His appeal to the Supreme Court, filed in April 2023, was withdrawn in February 2024 due to “a change in circumstances.”
Khalid first gained national attention during the 2016 JNU sedition controversy, where he was arrested and charged for participating in a protest with other JNU student leaders, including Kanhaiya Kumar and Anirban Bhattacharya, against the execution of Afzal Guru. His extended detention has faced criticism from civil rights groups both in India and internationally, who see the use of UAPA as a tool to suppress dissent.
Umar Khalid’s father, Dr. SQR Ilyas, a prominent Muslim leader, spokesperson for the All India Muslim Personal Law Board (AIMPLB), and former president of the Welfare Party of India (WPI), believes the main reason Umar and his colleagues remain imprisoned in connection with the Delhi riots is their challenge to an autocratic and fascist regime over the Citizenship Amendment Act (CAA).
Dr. Ilyas criticized the ongoing delays in the case, noting that even after four years, charges have yet to be framed. He argues that the case is built on false and fabricated accusations, with the prosecution intentionally stalling to keep the accused in custody as long as possible. “Unfortunately, the case has not even begun, despite the well-known principle that ‘bail is the rule and jail is the exception,'” Dr. Ilyas told India Tomorrow. “Yet, in the case of the Anti-CAA accused, it seems this principle has been reversed.”
Giving details of the legal battle for bail, Dr. Ilyas said, “In all other criminal charges under IPC, the burden lies on the police to prove that the accused is guilty. However, under UAPA, the burden is on the accused to prove in court that they are not guilty, even for bail. When Umar applied for bail, his lawyer argued in the lower court for almost one and a half years—it was like a trial. Finally, the court gave a one-line judgment: prima facie, the police have a case; therefore, bail is denied. We then went to the High Court, where the trial lasted nine months, and bail was again denied. Ultimately, the case moved slowly in the Supreme Court as well, with 14 adjournments in nine months. We withdrew our application from the apex court earlier this year in February and returned to the trial court, only to receive the same response and rejection of bail. We are now back in the High Court with other accused in the Anti-CAA case. After several delays, the first date was set for August 29, and the court has postponed the bail plea to October 5.”
Dr. Ilyas lamented the protracted bail arguments, saying, “Just imagine, long arguments went on about the bail, and the result was zero.”
Regarding Umar Khalid completing four years in detention without bail, Dr. Ilyas expressed frustration: “In Umar Khalid’s case, four years have passed, and charges haven’t even been framed—let alone the trial starting. Initially, there was a main charge sheet, followed by two supplementary charge sheets, and now the police are still saying in court that they can present more evidence. When asked why the charges haven’t been completed, the police respond that their submission is ongoing and they might bring more evidence later. It feels like the case is being deliberately delayed. It’s very easy to use UAPA against someone to deny bail and delay the case. Keeping an individual in jail without starting the case for four, five, or even six years erodes the very humanity of the legal procedure.”
On the recent bail of politicians like Kejriwal, Dr. Ilyas explained, “There are essentially two types of treatment. For Muslims and activists, such as Dalits or Adivasi activists, different yardsticks are applied, whereas politicians get bail quickly. Activists, however, do not have social pressure or political parties backing them. Their detention is prolonged as long as possible, and charges are delayed. The government and police are fully aware that the case lacks substance, so if it starts, it will eventually end. But until the case begins, they keep the person in jail for as long as possible. This tactic of delaying the case is employed precisely to avoid starting a case with no merit. In Umar’s case, the charges lack substance, there is no evidence to substantiate them, and false witnesses are presented. Both the police and the government are well aware of this.”
Regarding the recent bail of politicians such as Kejriwal and Engineer Abdur Rasheed from Jammu and Kashmir, just before their respective states went to elections, Dr. Ilyas explained, “The reason Umar Khalid is not granted bail is essentially because this government is very egoistic. It believes that once it makes a decision, no one should oppose, raise their voice, or start a movement against it. When the CAA was passed, it sparked a massive nationwide anti-CAA movement, with young people and women rising up and establishing Shaheen Bagh protests at 287 locations across the country. This was a significant setback for the government. The rules for the law passed in 2019 were only framed a few days ago. The government takes such matters very seriously. Similarly, with the farm laws, which were seen as a prestige issue for the government, the farmers protested at the Delhi borders for a year, leading to 700 deaths and eventually forcing the government to withdraw the laws. The government’s authoritarian tendency means that any decision, no matter how wrong, is not easily reversed, and any movement against it is seen as a major insult.”
Dr. Ilyas added, “The government does not want fearless leadership to emerge among the younger Muslim generation. Such leaders could eventually mobilize the community against the government, and this is why bail is being delayed for Umar Khalid. The government is trying to teach these young men a lesson not to launch such movements against it in the future.”
Individuals from All Walks of Life React to Umar Khalid’s 4-Year Unjust Incarceration
As the trial in the Delhi riots case continues, supporters of Umar Khalid from every walk of life are calling for his immediate release and a fair trial.
Political activist and leader of Swaraj India and Bharat Jodo Abhiyan, Yogendra Yadav, writes, “Umar Khalid has completed four 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.
Prashant Bhushan, senior Supreme Court advocate and civil rights activist, has expressed grave concerns over the extended detention of Umar Khalid. Bhushan writes on X, “The charges against him are demonstrably absurd. Does the dictum of bail being the rule, jail the exception, not apply to him, especially when there is no chance of the trial being over in a reasonable time? This is a huge blot on the judiciary.”
Journalist Piyush Rai draws attention to a striking discrepancy in the treatment of prisoners, noting that Gurmeet Ram Rahim has been granted parole ten times during a similar period of incarceration as Umar Khalid.
Questioning why key figures involved in the CAA protests have been denied bail despite their extended periods in detention, Professor Apoorvanand Jha reacts, “Umar Khalid has been in jail for four years, Khalid Saifi for four years and seven months, Gulfisha Fatima for four years and four months, and Sharjeel Imam for four years and eight months. This is not the full list. Why are they being denied bail, Lordships? What pleasure does the state get in keeping them in jail?”
Social activist Harsh Mander expresses deep sorrow and outrage over Umar Khalid’s four years of incarceration, calling it a profound injustice. Mander highlights Khalid’s commitment to justice and equality and laments that many of the country’s best minds remain imprisoned. He criticizes the judiciary for failing to address this significant miscarriage of justice.
Actress Swara Bhasker has condemned the situation, marking four years of Umar Khalid’s incarceration without bail, trial, or evidence of wrongdoing. Bhasker says, “This is a travesty in a country that is supposed to be a democracy. This is a shame and an embarrassing testimony to our justice system.”
Actor and film producer Prakash Raj has called for the release of Umar Khalid, highlighting the unjust nature of his detention over the past 1,400 days.
Actor and producer Kamaal Rashid Khan, known as KRK, expresses his discontent with the judiciary’s inability to provide bail to Umar Khalid. KRK criticizes, “I don’t have any problem if Umar Khalid gets 100 years in jail. But he is in jail without trial and without a crime for the last four years, which proves that the court is helpless in front of the police. Police can put anyone in jail for years without a crime. If even the Supreme Court can’t give bail to an innocent, then what is the judiciary? The judiciary is nothing more than a joke.”
National award-winning filmmaker and author Vinod Kapri points out that Chief Justice of India (CJI) D.Y. Chandrachud is currently busy with religious festivities. He says, “Dear #UmarKhalid, gather the courage to endure more time in jail after these four years! Because the greatest guardian of India’s laws and Constitution, CJI Chandrachud, is currently busy with Ganpati celebrations with Narendra Modi.”
Actor Siddharth Suryanarayan denounces the prolonged detention of Umar Khalid, labeling it as the greatest travesty of justice in Indian judicial history.
Amnesty India writes, “Four years ago, on this day, student activist #UmarKhalid was arrested by the Delhi police. Umar Khalid has been denied bail on many occasions by both the Delhi High Court and the Supreme Court. He remains in jail without trial under India’s overbroad anti-terror law.”
Aakar Patel, former head of Amnesty International in India, demands the release of Umar Khalid, marking the four-year milestone of his incarceration. Patel’s demand reflects a broader call for justice and the release of political prisoners.
Social media is abuzz with calls for justice for Umar Khalid, as journalist Arfa Khanum Sherwani describes Khalid’s extended imprisonment as a testament to his bravery against Hindutva rule, while Darab Farooqui highlights a speech related to Khalid’s detention. Economist Jayati Ghosh and poet Kaushik Raj criticize the charges against him and the criminalization of protest. Dr. Amol G Kamble and political scientist Suhas Palshikar call for applying Supreme Court standards of ‘bail is rule and jail is an exception’. Photojournalist Alishan Jafri contrasts Khalid’s detention with the bail granted to others, and writer Rohini Singh condemns the prolonged imprisonment as a judicial failure.
‘Prisoner No. 626710 is Present’ Highlights injustice of Khalid’s detention
In a series of touching screenings this week, the documentary ‘Prisoner No. 626710 is Present’ by acclaimed filmmaker Lalit Vachani has shed light on the prolonged and contentious incarceration of Umar Khalid, marking four years since his arrest. The nearly hour-long film, which premiered in both India and Germany, offers a critical examination of Khalid’s detention under the UAPA.
‘Prisoner No. 626710 is Present’ chronicles the journey of Umar Khalid, who was arrested on September 13, 2020. The film uses a combination of Khalid’s past speeches and a scientific analysis of how he was framed by right-wing media. Friends and supporters Banojyotsna Lahiri and Shuddhabrata Sengupta play a central role in reconstructing the events leading to Khalid’s incarceration. The documentary, produced by Srirupa Roy and Lalit Vachani and made by A Wide Eye Film in collaboration with CeMIS and ICAS, aims to highlight the injustices faced by Khalid and advocate for his release.
The film was screened at various significant venues this week, reflecting a growing call for justice. On September 13, the University of Oxford’s South Asian Society hosted a screening at Somerville MCR, honouring Khalid’s resilience.
In Delhi, despite heavy rainfall, the screening proceeded as scheduled at Jawahar Bhawan Auditorium, Windsor Place, on September 13. The event attracted attendees keen to show solidarity with Khalid and address the broader issues of curtailed freedoms. The event featured a moving discussion with Banojyotsna Lahiri, Apoorvanand, and Shuddhabrata Sengupta, moderated by Anirban Bhattacharya.
