Calls for judicial accountability as Umar Khalid and others languish in jail without bail or proper trial
Team Clarion
NEW DELHI – Anti-terror laws are being systematically used to silence the dissenting voices in the country, the father of incarcerated JNU student and activist, Umar Khalid, has said.
“Laws like UAPA, TADA, and POTA were meant to combat terrorism, but they have been weaponised against ordinary citizens and activists,” Khalid’s father, Dr Qasim Rasool Ilyas, said. He was addressing an event ‘Curtailed Freedoms: A Travesty of Justice’ hosted by the Association for Protection of Civil Rights (APCR) and Concerned Citizens Delhi at the Constitution Club of India here earlier this week.
Umar Khalid began his fifth year behind bars this week for his alleged role in inciting the 2020 Delhi riots.
Dr Ilyas, who is also Vice President of the Welfare Party of India, highlighted the misuse of the UAPA (Unlawful Activities Prevention Act) and the injustice faced by those incarcerated under the law. His address, focusing on the prolonged imprisonment of his son and others, was strongly critical of the judicial system’s failure to uphold the principle of “bail is the rule, jail is the exception.”
Dr Ilyas expressed his deep appreciation for the APCR for continuously raising the plight of those detained under harsh laws like the UAPA. He pointed out how the system appeared skewed against those facing such charges, lamenting, “The burden of proof is reversed under UAPA, making it impossible for the accused to secure bail.”
The speech shed light on the significant delays in Umar Khalid’s bail application. Dr Ilyas noted that despite multiple hearings at the Supreme Court and the efforts of senior lawyer Kapil Sibal, who requested just 20 minutes to present the case, there had been no progress. “This is not just about my son,” he said. “There are hundreds languishing in jail on fabricated charges, waiting for justice.”
Dr Ilyas also drew attention to the staggering 17,000-page charge sheet filed against Umar Khalid, yet, despite this, no charges have been framed, and no trial has begun. “This is part of a pattern,” he observed, referencing similar cases like the Bhima Koregaon activists, who have been imprisoned for years without trial.
He referenced the case of Amir, a Delhi man who spent 17 years in jail before being declared innocent, asking, “Why is no action taken against the officers who destroy lives with fabricated cases?”
Dr Ilyas’s speech also addressed the political motivations behind such arrests, arguing that those jailed under UAPA were not criminals but voices of dissent against the state’s authority, particularly in the protests against the Citizenship Amendment Act (CAA). “The Delhi riots were blamed on activists like Umar, but everyone knows who was really responsible,” he said.
In a broader appeal, Dr Ilyas urged civil society to resist the authoritarian misuse of laws to silence dissent. He warned that inaction would lead to the erosion of rights and freedoms across the country. “We cannot remain silent,” he implored. “Just as the farmers fought and succeeded in getting the farm laws repealed, we too must continue our fight against unjust laws.”
Dr Ilyas ended his address with a powerful call to action, stating that the fight for justice and civil liberties must continue, even in the face of state repression. “This is not just about Umar or me; this is about protecting the fundamental rights of every citizen in India,” he concluded.
