As Umar Khalid marks 1600th day in prison, eminent Indians demand justice

Former Jawaharlal Nehru University scholar Umar Khalid marks his 1,600th day in prison today, 30 January, a grim milestone that coincides with the 77th anniversary of Mahatma Gandhi's assassination in 1948.

This significant date has not gone unnoticed by 160 signatories to a statement calling for his release and that of others arrested for protesting the Citizenship (Amendment) Act (CAA).

Among those supporting the statement are prominent individuals such as Rajmohan Gandhi, Amitav Ghosh, Naseeruddin Shah, Romila Thapar, Jayati Ghosh, Prabhat Patnaik, Nandini Sundar, Irfan Habib, Anand Teltumbde, Harsh Mander, Joe Athialy, and Christophe Jaffrelot, who join a growing chorus of academics, activists, filmmakers, and artists demanding justice.

The statement highlights Khalid's prolonged and unjust detention under the harsh Unlawful Activities (Prevention) Act (UAPA), without a trial or the possibility of bail. It criticises the authoritarian regime for targeting Khalid, whose only crimes seem to be promoting secularism, pluralism, and Constitutional values. The signatories emphasise that his continued incarceration is an egregious injustice, especially given his commitment to peaceful protest.

Khalid’s case is not an isolated one. The statement also draws attention to other activists, including Gulifsha Fatima, Sharjeel Imam, Khalid Saifi, Meeran Haider, Athar Khan, and Shifa Ur Rahman, who have faced similar persecution for their opposition to the CAA and their fight for equal citizenship rights.

It also references a 2021 Delhi High Court judgement that warned about the dangerous erosion of the line between the Constitutionally guaranteed right to protest and terrorism accusations — a concerning development for democracy.

Khalid was arrested on 13 September 2020 under the UAPA for his alleged role in the Delhi riots of February 2020 in which 53 people were killed, 38 of them Muslim. Instead of holding accountable those responsible for inciting and perpetuating the violence, the State has targeted activists and protesters who peacefully opposed the CAA.

The charges against Khalid fall under sections of the UAPA, the Arms Act, and the Prevention of Damage to Public Property Act. His bail application was first denied by a trial court in March 2022, and again by Delhi High Court in October 2022. Following this, he appealed to the Supreme Court, which in May 2023 directed Delhi Police to respond to the case. However, his plea has been adjourned 14 times.

On 14 February 2024, Khalid withdrew his bail petition before the Supreme Court, citing changed circumstances, with plans to seek relief from the trial court instead. His second bail petition was rejected by the trial court in May 2024, leading to his current appeal before the high court.

Khalid, known for his eloquent speeches in favour of pluralism, secularism, and Constitutional values, has been falsely accused of inciting violence, the signatories state. In one of his speeches used against him, he said, “We will not respond to violence with violence. We will not respond to hate with hate. If they spread hate, we will respond by spreading love. If they beat us with sticks, we will raise the tricolour. If they fire bullets, we will hold up the Constitution.” Despite this, authorities have gone to great lengths to falsely implicate him with lies and distortions of facts, the statement underscored.

The repeated denial of bail and the prolonged detention of Khalid without trial is one of the most concerning aspects of his case, and that of others similarly charged. Despite the 2021 high court ruling that raised serious questions about the State’s actions, the use of draconian laws like UAPA continues to make bail nearly impossible. Combined with significant judicial delays, this system has effectively resulted in punishment through prolonged detention, without trial or conviction.

The statement concludes with a plea for the release of Khalid and his fellow activists, urging that they be freed to contribute to a more just and equal future.