The Injustice Against Umar Khalid: Four Years Without Bail or Trial
- Gaurav Juyal
- Sep 18, 2024
- 4 min read
Updated: Nov 28, 2024
I had only heard about Umar Khalid from a few of my acquaintances at Delhi University amidst the controversy surrounding the sloganeering at JNU in February 2016. A few years later, I found myself at Jantar Mantar on the eve of December 24, 2019, participating in a rally against CAA-NRC. By then, Umar Khalid was not unheard of. He had become the face of the revolution. Someone to look up to. And I am glad I did just that. Looked up to him. Always believed in him and what he stood for. In September 2024, I still believe. And I pray for his release and the release of all political prisoners.
The 2020 Delhi Pogrom: Why is Umar Khalid Targeted
It's been over four years since Umar Khalid, a former student activist from Jawaharlal Nehru University (JNU), was unjustly locked up in Tihar Jail. Four years in prison without a trial. Without a shred of evidence proving any wrongdoing on his part. In February 2020, communal violence (anti-Muslim pogrom) broke out in northeast Delhi amidst widespread protests against the controversial Citizenship (Amendment) Act (CAA). These protests, which saw both peaceful and violent demonstrations, eventually led to the deaths of 53 people and extensive property damage, with the majority of those affected belonging to the Muslim community.
The Delhi Police, following orders from the Indian government that is terrified of dissent, filed charges against 18 people—16 of them Muslims. Twelve of these accused have been rotting in jail for four years, without a trial. Umar Khalid, an unafraid young scholar, has been behind bars since September 13, 2020, charged under the draconian Unlawful Activities (Prevention) Act (UAPA), a law designed to suppress, not protect. This isn't about justice or law and order. This is about silencing those who dare to speak out, especially if they are Muslims.
Umar Khalid: A Scholar, A Leader
Umar Khalid is not just any activist. He was one of the most vocal opponents of the CAA, which blatantly discriminates against Muslims. He stood tall when many were too scared to speak. He fought for what is right, for what is just. And for that, he has been made to suffer. Branded a "poster boy" of the anti-CAA movement, Umar was targeted because he is the kind of leader that the government fears. He is intelligent, eloquent, and unafraid to stand up against injustice. And yes, he’s a Muslim scholar, and that makes him a bigger threat in the eyes of those who wish to divide this country.
They fear him because he represents what India could be—an India that values its diversity, believes in the power of peaceful protest, and stands united against hatred. And what does this government do when faced with such a person? They throw him in jail. For four years. No trial, no charges framed, nothing but delay after delay.
According to BBC, "Meanwhile, in prison, Mr Khalid reads voraciously, writes applications for fellow prisoners, and watches cricket on the TV. He also writes diligently, aiming to craft a prison diary of sorts that has already piqued the interest of publishers. Mr Khalid's family is allowed a 20-minute video call each week, and his friends can have a half-hour physical visit at the prison".
Charges Against Umar Khalid: A Fabrication to Silence Dissent
Some of the charges against Umar Khalid are rioting, murder, sedition, and promoting enmity between different groups. The list goes on and on, and yet, not a single piece of credible evidence has been brought forward to prove any of it. Khalid is facing several charges under various sections of the Indian Penal Code (IPC) and UAPA. These include accusations of rioting (Sec. 147 IPC), rioting with a deadly weapon (Sec. 148 IPC), murder (Sec. 302 IPC), sedition (Sec. 124A IPC), and promoting enmity between different groups (Sec. 153A IPC). Under the UAPA, Khalid is accused of committing terrorist acts (Sec. 16 UAPA), raising funds for terrorism (Sec. 17 UAPA), and being part of a conspiracy (Sec. 18 UAPA).
The Grave Injustice: Umar Khalid Spends Four Years Without Trial or Bail
Since his arrest, Khalid has applied for bail several times, each time citing various grounds, including the delay in the trial and the principle of parity with other accused individuals. He argued that no substantial terror allegations were leveled against him in the police charge sheet, and his name was merely repeated to build a case. However, the courts have consistently denied his bail applications, keeping Umar Khalid imprisoned for over four years without a trial. On April 15, 2021, Khalid was granted bail in one of the cases against him, but he remained imprisoned due to other serious charges still pending under the UAPA. Had he been a convicted sex offender with saffron affiliation, he wouldn't have spent more than a few months in jail, maybe less.
Activist Umar Khalid: A Hero for All Who Love India
The Indian government is terrified of people like Umar Khalid who dare to question their policies and who dare to call out their communal agenda. But here’s the thing: you can lock up a person, but you can’t lock up an idea.
Umar represents the courage to speak out, the conviction to stand by what is just, and the belief that India can be better than this. He will remain my hero and the hero for everyone who believes in democracy and who believes in fighting against hatred and division. His imprisonment only strengthens the resolve of those who believe in the India he dreams of—an India where every citizen is equal, where no one is persecuted because of their religion, and where the government cannot crush dissent by locking up its bravest voices.
Watch this video by VICE India: Activist Umar Khalid on Muslim Identity, CAA Protests & India's Democracy | VICE Asia
In this fight against a government that thrives on division, Umar Khalid stands tall as a symbol of resistance. With no trial yet initiated and charges still unframed, Khalid’s prolonged imprisonment without a fair hearing underscores the complexities of the justice system and the use of stringent anti-terror laws like UAPA. As Khalid and others await justice, the case serves as a reminder of the ongoing debates around civil liberties, state repression, and the right to dissent in a democratic society.
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