Concerned citizens urge CJI to uphold liberty of Umar Khalid and Sharjeel Imam
The signatories, who wrote to CJI on the eve of India’s 80th Independence day, invoked the Supreme Court’s 2021 judgment in K.A. Najeeb, which held that prolonged incarceration can violate an accused person’s fundamental right to a speedy trial under Article 21 of the Constitution
A notable coalition of intellectuals, artists, and activists has penned an open letter to India's Chief Justice, imploring him to act in the case of activists Umar Khalid and Sharjeel Imam, who have been imprisoned for nearly six years in connection with the 2020 North-East Delhi riots. Over 100 signatories, among them Arundhati Roy, Amitav Ghosh, and Swara Bhasker, argue that the prolonged incarceration of the two men, who face charges under the Unlawful Activities (Prevention) Act, contravenes their fundamental right to a speedy trial under Article 21 of the Constitution.
The letter cites India's Supreme Court's 2021 judgment in K.A. Najeeb, which held that an accused person's right to a speedy trial is paramount, even when stringent bail provisions under UAPA are invoked. The signatories also reference the Supreme Court's recent lecture by the Chief Justice in Sweden, where he echoed the K.A. Najeeb judgment, emphasizing the Court's power to grant bail when the trial proceedings are dragging on.
The group draws attention to the stark contrast in the number of witnesses presented in the charges against Khalid and Imam compared to the K.A. Najeeb case, and highlights that their bail applications have been repeatedly rejected despite the trial yet to commence. The letter urges the Chief Justice to intervene, warning against the misuse of UAPA to silence critics and dissidents, and calling for bail to be the norm and jail to be the exception.
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