Activists in jail, rapists on bail: denying bail to Umar Khalid a travesty

It is nothing short of a travesty of justice.

While Umar Khalid, a former JNU student leader and political activist, has once again been denied bail by the Supreme Court in the Delhi riots “larger conspiracy” case, several convicted rapists and hardened criminals continue to walk free on parole or bail.

In Khalid’s case, the top court has not only rejected bail but has virtually foreclosed the possibility of his release for another year. Umar Khalid has already spent more than five years behind bars without the trial even beginning.

Another political activist, Sharjeel Imam, has also been denied bail in the same case. Both have been charged under the draconian Unlawful Activities (Prevention) Act, 1967, a law that makes bail the exception rather than the rule.

Ironically, the same court has at the same time granted bail to several co-accused in the very same case, Gulfisha Fatima, Meeran Haider, Shifa-ur-Rehman, Mohd. Saleem Khan and Shadab Ahmed, highlighting the glaring inconsistencies in judicial reasoning.

"I am really happy for the others, who got bail! Milne aa jana. Ab yahi zindagi hai," Umar said after the SC denied bail, his partner Banojyotsna said.

The court ruled that Khalid and Imam may renew their bail pleas only after the examination of protected witnesses or after one year.

 It observed that the prosecution material prima facie indicated their “central and formative role” in planning and mobilization during the riots.

“Threshold under Section 43D(5) stands attracted,” the Court noted, adding their continued detention had not crossed the bar of “constitutional impermissibility”.

This selective application of standards has triggered an intense debate on social media. Senior journalist Rajdeep Sardesai wrote: “So NO BAIL to Umar Khalid says SC — NO personal liberty under UAPA: this despite the fact that even the trial has not begun after more than five years.

Meanwhile, rape and murder convict Ram Rahim has been given parole once again. Prior to his latest parole, VVIP convict Rahim has come out of prison 14 times since being convicted in 2017. Yeh hai India ka criminal justice system!”

Another user summed it up starkly: “Ram Rahim, a convicted rapist, has spent more time outside jail than Umar Khalid has as an undertrial. Let that sink in.”

"It's tough to not conclude there's clearly a vendetta against Umar Khalid and Sharjeel Imam, given their bails were denied by the Supreme Court today. This is an absolute travesty of justice. Meanwhile, a r@pe and murder convict, Ram Rahim is out of jail every few months or so. What a pantomime!!" wrote Dr. Ruchika Sharma - a historian on X.

"Shocked! Sup Court denies bail to Umar Khalid, Sharjel in 2020 Delhi riots case where 36 Muslims were killed & Hindus 15. Delhi Police inactive +sided with Hindus -- 16 of 18 chargesheeted are Muslims. Umar Khalid was nowhere near - but jail for 5 years," wrote ex-Rajya Sabha MP, Jawahar Sircar on X.

Ram Rahim is not an aberration. Recently, those accused of attacking Christians on Christams day in Raipur were also granted bail.

In Gujarat, the BJP government, with central approval, prematurely released the convicts in the Bilkis Bano gang-rape case in 2022 — and they were welcomed with garlands by Hindutva activists.

Asaram Bapu, convicted for raping a minor and sentenced to life imprisonment, has repeatedly secured interim bail on medical grounds.

The list is long – recently Kuldeep Singh Sengar, the BJP MLA convicted in a murder case and accused in the Unnao rape case, was granted bail by the Delhi High Court — a decision that forced the CBI to approach the Supreme Court after massive public outrage.

The pattern is unmistakable.

Critics argue that the Modi government has fundamentally altered the character of the criminal justice system, where draconian laws like the UAPA are used to incarcerate dissenters indefinitely, while political favourites and convicted sexual offenders are treated with extraordinary leniency.

Recently, New York Mayor Zorhan Mamdani and several Democratic party leaders wrote to the Modi government urging it to grant bail to Umar Khalid. However, their appeal appears to have fallen on deaf ears.

Five years without trial for Umar Khalid is not just a legal anomaly, it is a damning indictment of a system where personal liberty appears to be conditional, selective, and deeply political.