Angry banners do not fly against the sky.

People do not walk across cities, rallying voices

Against the incarceration of a young man.

They have hired clever masons to build walls around him.

But he spreads outside those walls.

They talk about him in quiet corners

And it spreads like a whisper that cannot be silenced.

“Where is he?” they ask,

They who have made him prisoner to their fears.

“Why do we hear his voice beneath our throne

And in the quietness of our homes?”

He has become the voice among voices,

He has become the anger that lurks among the  silenced,

He has become the love that lingers beyond fear,

He has become the hope that teeters on the edge of a prayer.

He has become larger than his name, Umar Khalid.

He has multiplied beyond a number in a prison.

He has entered into the crevices of our remembering.

He has become the unease of our present.

Those walls are searching for him.

They were built to enclose him.

But he is no longer within them.

He is prowling in the streets,

He is trespassing into dreams,

He is stoking the embers of love

In the winter of hate.

(The author of this poem is from Mangalore University)

The post For Umar Khalid appeared first on SabrangIndia.

“Repeated hearings but no hearing”

Farzana Yasmeen, Meeran Haider’s sister, said that while the family is deeply troubled, her brother continues to be content that he raised his voice for what is right.

“This is the fifth year that he is in jail. Meeran always raised his voice for rights and justice, but did not raise his voice for anything that should warrant his imprisonment. The family is in pain, because he is in jail. But whenever I meet him he says he is happy to have raised his voice for what is right. When I attend such gatherings and then tell him that many people had come, he tells me that this gives him happiness and joy,” his sister Farzana said.Haider, along with Khalid and others have been booked under the Unlawful Activities Prevention Act (UAPA) and various provisions of the IPC (Indian Penal Code) in connection with the Delhi riots larger conspiracy case.

Haider, who was arrested in February 2020, withdrew his bail application last week from the Delhi high court where it had been pending and said that he would now move the trial court.The issue of years of incarceration without trial or bail was also highlighted by Athar Khan’s mother, Noor Jehan. Khan has also been booked under UAPA and was arrested in July 2020.

“Our case came up in court 62 times but still there has not been a hearing. Whenever the Supreme Court says that ‘bail is the rule and jail is the exception’, we feel a sense of hope that our matter will now move. But nothing changes and we keep waiting for when he will get bail. He raised his voice for what is right, for all of us. And today he is in jail for four years,” she said.

Along with the families of other political prisoners – Gulfisha Fatima, Meeran Haider, Khalid Saifi, Athar Khan, Umar Khalid – all of whom participated in the CAA-NRC protests and were arrested in 2020 following the riots in Delhi, were also present at a public meeting and demanded their immediate release. The meeting was organised by the Association for Protection of Civil Rights (ACPR) in New Delhi.

“It is said that any democratic society has three pillars – the executive, the legislature and the judiciary. And these should be separate. But if the Chief Justice of India invites the prime minister to his house (for a puja) and that is made viral, do I have any hope of getting justice?” said Khalid’s father S.Q.R Ilyas while speaking at the same public meeting. “It is time to raise questions not just against the judiciary and the government but also against the opposition,” he said. Ilyas also questioned why action is not taken against police officials when a person is found innocent.

The meeting was also attended by Congress leader Digvijaya Singh, Communist Party of India (Marxist-Leninist) Liberation General Secretary Dipankar Bhattacharya, Supreme Court advocate Shahrukh Alam, Hartosh Singh Bal (Executive Editor at The Caravan), comedy and satire artists Kunal Kamra and Sanjay Rajoura, and actor Swara Bhasker.

The selective application of the Supreme Court’s recent pronouncements stressing on the principle of granting bail was further stressed and highlighted by Nargis Saifi, Khalid Saifi’s wife who said that her children are waiting for their father as they grow up.

“He raised his voice for his rights, so he was jailed. He has not been given bail even after four-and-a-half years, while those charged for rape, corruption, are being let out on bail,” she said.

Saifi also demanded greater solidarity in support of her husband and others and asked, “Where are the tens of thousands from the CAA-NRC protests? Is this how we show support for our comrades still imprisoned?”

Discrimination in protests: some seen as national catharsis, others as “terror conspiracy”

Advocate Shahrukh Alam, drawing references to the Supreme Court’s remarks during the ongoing R.G.Kar rape and murder case, where it referred to protests as a form of national catharsis said that a definition needs to be drawn about what kind of a protest constitutes national catharsis and when it is regarded as a terror conspiracy. “Who must define this? State cannot as it is a party. The court needs to do this. Why is the police using UAPA on protestors?” she said.

“Does a protest need to have the endorsement of the majority for it to be legitimate for the court to feel this is something right? This problem of discrimination and oppression of Muslims is systemic but also individual and affects people personally,” she said.

Alam meanwhile also referred to Rahul Gandhi’s recent statement in the US about religious freedom in India by citing the example of Sikhs, and questioned why “purported political allies shy away from naming Muslims.”

“RSS doesn’t believe in democracy or the Constitution”

Congress leader Digvijaya Singh who was also present at the event said that he comes from a region which is referred to as the RSS’ “nursery.”

“I come from an area which is called a nursery of the RSS. They neither believe in democracy or the constitution. Anyone who speaks for Muslims is anti national. And this ideology  is a big threat to us and will remain so. The way this ideology has infiltrated every sector is a big danger to the constitution and to our democracy,” said Singh.

“The RSS is not a registered body, it does not have any membership or account. If anyone is caught they say we don’t have membership. Similarly when Nathuram Godse was caught they said we don’t have any members. They have infiltrated every sector whether it is bureaucracy or judiciary,” he added.

Singh, who is a former chief minister of Madhya Pradesh, said that riots cannot take place without the knowledge of the police and the administration, and claimed that during his tenure as Madhya Pradesh chief minister no major riots took place in the state.

“Now we have to unite against the bulldozer justice of this double engine government. This bulldozer is not just being run on their houses but on their families as well. The BJP and Modi are using bulldozers on the constitution as a political weapon.”

Related:

Umar Khalid – The Inquliabi

Jailed Without Trial: Umar Khalid’s 4-Year Ordeal Ignites Solidarity

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O… foot soldiers of night

do you really believe

that you prosecuted the dawn

By imprisoning the ray of light…

listen, you knights of night…

Umar Khalid is

a north star

that brightens the dark sky

a last sigh of enduring pain

the mother suffers

while giving birth to a new life

a lamp inside

ensuring

the engulfing darkness

won’t seep inside of us too

a boundary line of truth

to ensure

lies don’t trespass

Hence

to remember Umar Khalid

is to continue

the fight of memory

against forgetfulness

hankering for love

in the times of

organised hate.

ethical and eternal vigilance

amidst helplessness, despair and delusion

Of course…

Umar is a terrorist

against the Empire of lies

an anti-national

who planted a bomb

of love

in the fort of hatred

a conspirator

who hid a spark of truth

in a box full of deceit

O..knight of nights

write down my name too…

write it next to that of Umar

in your list of terrorists

my name is Shivasundar

Umar and Me

share the same ancestry

my address: Free Universe

– Shivasundar (Translated from Kannada by Samvartha Sahil )

The post Umar Khalid – The Inquliabi appeared first on SabrangIndia.

Khalid, an activist and former student of Jawaharlal Nehru University, is accused of being one of the “masterminds” of the conspiracy to instigate violence during the 2020 riots in the aftermath of the anti-Citizenship Amendment Act (CAA) protests. He was arrested on September 13, 2020, under the controversial anti-terrorist law Unlawful Activities Prevention Act, 1967 (UAPA). The solidarity event with Khalid screened ‘Prisoner No. 626710 is Present’, a documentary by noted filmmaker Lalit Vachani chronicling Khalid’s political journey, the mainstream media’s vilification of the activist since 2016, and the experiences of his close peers as he remains behind the bar. Other screenings of the film were held on the same day at Delhi’s Jawaharlal Nehru University, and Ashoka University. Solidarity was also extended from beyond India’s borders as the Oxford South Asian Society at the University of Oxford also held the film’s screening. Between September 13 and 15, dozens of screenings of the film are being held at different solidarity events across India, including in Kolkata, Mumbai, Karnataka, and Kerala.

“The film screenings across the country were held to mark four years since Umar’s arrest, and the injustice he and other anti-CAA activists are facing as they are not even afforded a hearing in courts even while rapists and murderers are allowed bail and parole by the judiciary,” said Apeksha Priyadarshini, a JNU alumna, political activist, and friend of Khalid’s.

On September 13, people took to social media platforms asking for Khalid’s release and a fair trial. Actor Swara Bhasker posted on X saying, “Today marks 4 years of the incarceration of #UmarKhalid without bail, trial or crime. This is a travesty in a country supposed to be a democracy. This is a shame and an embarrassing testimony of our justice system.”

In Vachani’s documentary, writer and art curator Shuddhabrata Sengupta and Khalid’s partner and researcher Banojyotsna Lahiri say that the activist addressed many anti-CAA protest meets before the riots took place and always spoke of upholding the Constitution and peaceful protests. However, the Indian authorities blamed the largely public and peaceful anti-CAA protests for causing the riots, while blatantly ignoring inflammatory speeches given by Bharatiya Janata Party leaders and right-wing personalities in the same period.

With clips of TV news, Khalid’s speeches, and his interviews, the film also delves into how a large section of the news media is targetedly portrayed Khalid as a “terrorist” since the 2016 JNU protests, with one news channel going on to make an unsubstabtiated claim about Khalid’s association with terror outfit Jaish-e-Mohammad.

Shuddhabrata Sengupta, who was interviewed for the documentary, spoke at the discussion after the screening. He pointed out how among the three student activists arrested in 2016 under sedition charges, Khalid was especially persecuted for his Muslim identity. Not surprisingly a murder attempt was made on Khalid in 2018 outside the Constitution Club. However, a Delhi court discharged the two men who allegedly attacked Khalid. The film traces how the continued vilification of the young Muslim activist in media culminated in him being charged with the UAPA in the Delhi riots case.

Priyadarshini, one of the organisers of the event held in Delhi, told NewsClick, “⁠The film is an important documentation, not just of Umar’s journey but also of our times. It delves into the details of the events as they transpired in 2020, and unravels the real conspiracy behind the Delhi violence, and why these activists have been blamed for it. It is also deeply personal because it highlights why the continuing incarceration of an activist and human being like Umar Khalid is such a tragic loss for this country.”

“The way mainstream media portrays him is nothing new anymore. But what feels outrageous is that those who actually incited the violence continue to roam free without any consequences. Real justice will not just be the freedom of Umar, Sharjeel [Imam], Gulfisha [Fatima], Khalid [Saifi] and others, but also that the real perpetrators of the Delhi violence are punished for their crimes,” she added.

Prisoner of Conscience and Absence

Underlining the solitary experience of an intellectual and activist in prison, and her own experience as Khalid’s long-time friend, Priyadarshini said, “⁠It is not just this separation which is painful. It is also knowing you cannot offer him any respite from this isolation that makes you feel helpless sometimes.”

Khalid’s another old friend from his JNU days, Anirban Bhattacharya, who moderated the discussion after the film screening at Jawahar Bhawan, said, “One of the biggest parts of the punishment is Umar not being able to have meaningful conversations with likeminded people,” adding that Khalid loves to talk. He mentioned that Khalid keeps himself company with books sent to him in Tihar Jail by his friends and other people and newspapers to keep in touch with the world.

When asked how the imprisoned activist is dealing with loneliness for so long, Banojyotsna Lahiri, who visits him in prison often, said, “He is coping because there is no other option. We have been pushed into this situation, but it’s part of the fight. The fight against CAA continues. He is surviving; that is how he is coping.”

Speaking about hopes of him being released on bail, Lahiri said, “If there is no date, what’s the point speculating?” She added, “It’s a robbery of basic liberty.”

“All the youth were on the streets to remind people that political prisoners have been suffering since 1929. So far, the trial has not started, and there is no discussion on whether they are guilty. Only bail applications have been heard, and the next hearing is on October 9th,” Lahiri said at the event.

Speaking on whether Sengupta feels hopeless about the repeated denial of Khalid’s bail applications, he said, “It is my responsibility to keep hope alive, whether bail happens or not. At every hearing, we hope it comes through. If we leave hope, it will crush the hopes of those inside the prison.”

In February 2020, communal violence erupted in northeast Delhi amid protests against CAA. Over four years later, the case against activists accused of planning these riots remains untried. The Delhi police filed charges against 18 individuals, 16 of whom are Muslim. Twelve of the accused have been jailed without trial for over four years.

Khalid’s peers point out that those unable to get bail in the case are also Muslims. Khalid, accused of delivering an inflammatory speech in Amravati before the riots, has had multiple bail applications rejected, only receiving a week’s interim bail in December 2022 for his sister’s wedding.

In June 2021, the Delhi High Court granted bail to three co-accused student activists, criticizing the state for blurring the line between protest and terrorism. Since then, judges have dismissed at least 60 Delhi riots cases, according to a recent Article 14 report.

Aritry Das is a freelance journalist.

Courtesy: Newsclick

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When the dry, deforested, deserted planet and its toxified climate are hitting back at us with one of the most morbid and cruel heat waves, then weather does become a pertinent issue of conversation, even concern.

I inquired about the heat situation inside the prison from Umar, with the same helplessness and apprehension as I had inquired about the COVID situation two years ago.

He grinned as usual. “I have never faced anything like this,” he said, almost chuckling. His grin becomes intolerable in such situations. I get angry, and he seems to enjoy that.

“No, seriously. This is my fourth summer in prison, but the heat this time is unbearable. I have never witnessed anything like this in my life. In fact, older inmates say they haven’t ever experienced such heat wave,” he said.

If you are still reading this and wondering who I am or who I am talking to, it really doesn’t matter.

This is about the prison conditions of Tihar in Delhi and the heat wave that is severely affecting young and old inmates.

The convicts, the undertrials, the implicated, or the falsely accused ones are all languishing right now in the heat, along with their unfreedom. It’s the same cruel condition that is slowly burning lives within prison walls.

Just for your information, I was talking to Umar Khalid, my soulmate, who has been lodged in Tihar since 2020. Umar was implicated by the Delhi police as a mastermind of the Delhi riots and booked in two cases related to the riots. In one case, he was not only given bail but was eventually discharged. Judges who have heard the other case under the most draconian Unlawful Activities Prevention Act (UAPA) refuse to grant him and many of his other co-accused bail. However, the trial of this case has not even commenced after four years.

Umar continued, “Since our cells are open in front with bars, waves of hot wind keep whiplashing inside. We try to put up sheets and cover the bars, but that’s hardly a cover. And you expect the heat in the daytime, but at night, when the weather doesn’t change even after sundown, it almost feels like a betrayal.”

And he grinned again.

“The ceiling is so high that the fan almost has a perfunctory presence. And they don’t allow us to use coolers. They let us use blankets and quilts in winter but no coolers in the summer. Not even in this heat. But then the Great Indian Jugaad happens. I keep sprinkling water on the sheet that hangs on the bars, on my bed, on the floor, literally everywhere. My chakki (cell) often becomes wet and muddy. But the water dries up quickly. Much quicker than you can imagine. But the water therapy sometimes runs dry when there is a water crisis.”, he casually added.

I now tread the most uncomfortable part of the conversation.

“Are people falling sick?”

“Yes”, he said, “people around me are falling sick. They are suffering from various ailments, especially older people. One person also died. An old man. He dropped dead, possibly because of the heat, I am not sure. No one is. But everyone suspects it’s the heat that killed him.”

I can feel my anxiety rising, but I try to calm down.

“Are you alright? Do you feel any discomfort?”

“I was feeling cramps in my legs yesterday. All of us are drowsy throughout the day because we hardly get any sleep these days. That’s all for now,” he said calmly.

“Umar, please keep drinking plenty of water, but also go to the OPD and tell the doctor about these cramps. Your sodium-potassium levels might have gotten imbalanced.”

I try to hide my panic (and my anger, my frustration and helplessness) yet again. “You need to see a doctor and also get on record your discomforts.”

“This heat is indeed unprecedented,” I said. “I had read on the news that bats were dropping dead from trees.”

“Yes, earlier, there used to be a lot of birds that came to our prison premises. The early mornings were filled with their chirpings. Birds hardly come these days, since the heat wave started. I wonder what has happened to them,”  he said.

Courtesy: Article 14

The post A Conversation With Umar Khalid That Burned Me appeared first on SabrangIndia.

On May 28, Shahdara Sessions Court judge Sameer Bajpai rejected the bail application of Umar Khalid in the Delhi riots conspiracy case. The judge observed that Kahlid’s bail plea was earlier rejected by the Sessions Court and his appeal against the order was further dismissed by the Delhi High Court as the latter found the case against the accused prima facie true. Notably, Umar Khalid had filed second bail plea with the Sessions Court after he withdrew his bail application from the Supreme Court citing “change in circumstances” to try  his “luck” in trial court. Pertinent, before Khalid withdrew his bail petition from the SC, the case had already witnessed 14 adjournments. Earlier, the Session Court had rejected his first bail application on March 24, 2022, following which he moved to the Delhi High Court, which again rejected his appeal on October 18, 2022.

As the Sessions Court rejects his latest bail petition on 28 May, Khalid continues to remain in jail for more than three and half years now even as some of the co-accused in the case have secured bail, including Natasha Narwal, Devangana Kalita, and Asif Iqbal. Khalid’s counsel pointed out this fact and argued that his client should be granted bail on parity, but the court rejected his arguments. Justice Sameer Bajpai of the Sessions Court reemphasised the previous orders of the Sessions Court and the Delhi High Court rejecting Khalid’s bail petitions.

Notably, Umar Khalid has been booked in this case under plethora of charges including Section 120B (criminal conspiracy) read with Sections 124A (sedition), 302 (murder), 207 (fraudulent claim to property), 353 (criminal force to deter public servant), 186 (obstructing public servant), 212 (harbouring offender), 395 (dacoity), 427 (mischief causing damage), 436 (mischief by explosive substance to destroy house), 454 (house-breaking), 109 (abetment), 114 (presence of abettor when offence is committed), 147 (rioting), 148 (rioting armed with deadly weapon), 149 (unlawful assembly with common object), 153A (promoting enmity), 34 (common intention) of the Indian Penal Code (IPC) and Sections 3 and 4 of the Prevention of Damage to Public Property Act, Sections 25/27 of Arms Act, and Sections 13 (unlawful activities), 16 (terrorist act) , 17 (raising funds for terrorist act) and 18 (conspiracy) of the Unlawful Activities (Prevention) Act (UAPA).

Umar Khalid was first arrested in the present case on the basis of the FIR filed in connection with the northeast Delhi violence following the wide-spread anti-CAA protests against the ruling BJP. Pertinently, it took 6 months for the police following the registration of the FIR to finally arrest Khalid on September 13, 2020.

Analysis of the judgement

In the present case, Khalid’s counsel argued that the chargesheet and the supporting material provided by the prosecution does not justify the offences under UAPA and there is no evidence to show that his client has committed the alleged offences. His lawyer further argued that the alleged acts do not fall within the definition of “terrorist act” under Section 15 of the UAPA, and similarly, no offences under Section 16 and 18 of the UAPA Act are borne out from the facts. He further argued that Khalid is neither a member of any banned organisation nor is it prosecution’s case that Khalid was involved in any terror financing, and consequently, Section 17 of UAPA would be inapplicable. In addition, Khalid’s advocate said that no witness statements suggest Khalid’s involvement in the alleged activities, and given the fact that when other co-accused were granted bail in the case, who allegedly had more “direct role” compared to Khalid, why Khalid should not be granted a bail on parity.

Significantly, Khalid strongly relied on Vernon vs. State of Maharashtra (Criminal Appeal no. 639 of 2023), in which the Supreme Court had ruled that prima-facie “test” would require “…at least surface analysis of probative value of the evidence, at the stage of examining the question of granting bail and the quality or probative value satisfies the court of its worth.” Furthermore, he also cited Sudesh Kedia vs. Union of India (Criminal Appeal Nos. 314-315 of 2021), Union of India vs. K.A. Najeeb (Criminal Appeal No. 98 of 2021), State of Haryana Vs. Basti Ram (Criminal Appeal No. 352 of 2006), State of Andhra Pradesh, through Inspector General, National Investigation Agency vs. Mohd. Hussain (CRL. M.P. Nos. 17570 and 17571/2013), Shaheen Welfare Association vs Union of India ((1996) 2 SCC 616), and Angelia Harish Sontakke vs. State of Maharashtra (SPL (Crl.) No. 6888/2015).

The prosecution argued that though Khalid had cited “change in circumstances” to apply for a second bail application at this court, “…the said “change in circumstances” in real terms were neither stated before the Hon’ble Supreme Court nor specially pleaded in the present bail application…” The State further claimed that bail cannot be granted merely on the basis of parity with other co-accused or due to delay in the trial, considering the gravity of offences. It also said that the Sessions Court is “bound” by the judgement of the Delhi High Court rejecting the bail plea of the accused on October 18, 2022, which should be considered “final” and “binding”. The prosecution emphasised on the ratio in the case of Gurvinder Singh vs. State of Punjab (Criminal Appeal No.704 of 2024), in which the Supreme Court had ruled that the exercise of the general power to grant bail under UAPA Act is severely restrictive and the bail in such cases is the exception and jail is the rule. Furthermore, the same judgement also said that mere delay in trial cannot be a ground for bail in serious offences like UAPA.

The judgement written by Justice Sameer Bajpai reasoned that “changes in circumstances” as cited by Khalid may be related two developments, viz., (1) delay in the proceedings and (2) new development in the law or judicial precedent. On the issue of delay in trail, the judge notes that there is no delay from the prosecution’s side in “framing of charge and commencement of the trial” but “…in fact, it is the accused persons who have moved separate applications…Thus, when the delay…is on the part of the accused persons, the applicant cannot take benefit of the same.”

On the second issue regarding development in jurisprudence on the matter of bail under UAPA, the court acknowledged that Vernon judgement was indeed delivered after the Delhi High Court verdict, and therefore needs to consider afresh into this case. Interestingly, while the Vernon judgement was cited by Khalid for securing his bail as a liberal judgement, the court effectively used the same judgement to counter his argument. Justice Sameer said that “according to the Vernon’s case as relied upon by ld. counsel for the applicant, while considering bail, no ‘deep analysis’ of the facts of a case can be done and only ‘surface analysis’ of the probative value of evidence has to be done and as such the Hon’ble High Court has in fact did complete surface analysis of probative value of the evidence while considering the prayer of the applicant for grant of bail and after doing so it was concluded that prima-facie case is made out against the applicant.”

Importantly, the Sessions Court seems to have addressed Vernon judgement only because it was relied upon by Khalid for securing his bail, but effectively, the court has considered Vernon judgment not be a good precedent. Instead, the Session Court has heavily relied on the recent judgement of the apex court in the case of Union of India vs. Barakathullah (SLP (Crl.) Nos.14036-14040/2023), in which the bench of Justices Bela Trivedi and Pankaj Mithal reaffirmed the law “as laid down in National Investigation Agency vs. Zahoor Ahmad Shah Watali and Gurvinder Singh vs. State of Punjab & Anr. and opined that the court at the stage of considering the bail application of the accused is merely required to record a finding on the basis of broad probabilities regarding the involvement of the accused in the commission of the alleged offence.”, Justice Bajpai noted in his verdict.

The verdict concluded that “there are no change in circumstances only due to the fact that the words ‘surface analysis’ have been added in it” and the “order of this Court as passed on 24.03.2022 has attained finality and now, in no stretch of imagination this court can make analysis of the facts of the case as desired by the applicant and consider the relief as prayed by him.”

As the Sessions Court rejected Khalid’s bail application for the second time, it noted that the verdict does not express opinion on the merits of the case.

The copy of the judgement can be found here:

Related:

The worst from Indian courts: 2022 | CJP

UAPA: Delhi HC denies bail, Umar Khalid’s Incarceration to Continue | CJP

Dr. UMAR KHALID | CJP

The post Interpreting the precedent in Vernon in favour of the State, Umar Khalid’s bail plea rejected by Karkardooma Sessions Court appeared first on SabrangIndia.

As per a report in LiveLaw, the Supreme Court dismissed as withdrawn the bail petition filed by the JNU scholar in connection with the Delhi riots larger conspiracy case. Senior Advocate Kapil Sibal, for Khalid, submitted that the petition is being withdrawn in view of “change in circumstances” and sought to file the bail afresh before the trial court.

“Bail matter we wish to withdraw. There has been a change in circumstances, we will try our luck in the trial court, ” Sibal stated before the bench, as per LiveLaw.

It is essential to note that Sibal clarified he will continue to argue upon the separate writ petition filed by Khalid challenging the constitutionality of the provisions of Unlawful Activities (Prevention) Act.

Notably, Khalid has been in custody since September 2020 and he was denied bail by a Delhi High court bench of Justice Siddharth Mridul and Justice Rajnish Bhatnagar on October 18, 2022. Under UAPA, Khalid has been charged under sections 13 (Punishment for unlawful activities), 16 (Punishment for terrorist act), 17 (Punishment for raising funds for terrorist act) and 18 (Punishment for conspiracy).

Brief Background of the case against Umar Khalid

Khalid’s appeal against the trial court’s decision to deny him bail in the case was rejected by a division bench of Justice Siddharth Mridul and Justice Rajnish Bhatnagar after have reserved their decision on September 9, 2022. Rejecting his application, the bench has stated while pronouncing the court order, “We don’t find any merit in the bail appeal. The bail appeal is dismissed,”

The High Court bench stated that there is “prima facie case” established against Umar Khalid in regards to the role played by him during the riots, chakka jaam and destruction of public property. The court order stated, “The protest planned was “not a typical protest” normal in political culture or democracy but one far more destructive and injurious geared towards extremely grave consequences. Thus, as per the pre-meditated plan there was an intentional blocking of roads to cause inconvenience and disruption of the essential services to the life of community residing in North-East Delhi, creating thereby panic and an alarming sense of insecurity. The attack on police personnel by women protesters in front only followed by other ordinary people and engulfing the area into a riot is the epitome of such pre-mediated plan and as such the same would prima facie be covered by the definition of ‘terrorist act’.”

Notably, Justice Siddharth Mridul had granted bail to Asif Tanha, Natasha Narwal and Devangana Kalitha.

Khalid has been hounded by the regime for years. His arrest in September 2020 was based on the charge of larger conspiracy to allegedly unleash violence to defame the Indian government during a visit by former US President Donald Trump. Many have fallen victim to this draconian statute which is being regularly abused often to incarcerate politically inconvenient voices, more specially so by the executive in the past 9 years. While Khalid had been was granted bail in the matter concerning Penal Code and Arms Act charges, he continues to remain in custody in connection with the Delhi Riots larger ‘conspiracy case’ concerning UAPA charges under FIR No. 59 of 2020. While granting bail concerning the IPC & Arms Act charges, the Additional Sessions Judge Vinod Yadav had recognised that probability of a lengthy trial in the said matter. Importantly, the court had also noted that the material against Khalid was “sketchy” and that he cannot be incarcerated indefinitely on the basis of such evidence.

Related:

When speeches are given a criminal colour & ‘conspiracy’ charges used to incarcerate: Gautam Bhatia on Umar Khalid, Jyoti Jagtap bail orders

Umar Khalid’s Battle against the UAPA Charges to Continue

Umar Khalid’s incarceration: USCIRF Commissioner expresses concern over use of anti-terrorism laws to silence activists

2023: India’s Bad Laws, what a weaponised state means for individual freedoms and indigenous rights

Bail not Jail, India’s constitutional courts’ bumpy ride towards personal liberty

The post Delhi Riots 2020: Umar Khalid withdraws plea from Supreme Court citing “change in circumstances” appeared first on SabrangIndia.

Ueland demanded that the United States take seriously the extensive reports of India’s use of draconian anti-terrorism laws to silence activists from minority faith backgrounds. He further called on the State Department to designate India as a Country of Particular Concern (CPC) for egregious violations of religious freedoms.

This special briefing was co-sponsored by 18 American civil rights organizations including the Indian American Muslim Council, Genocide Watch, World Without Genocide, Hindus for Human Rights, International Christian Concern, Jubilee Campaign,  21Wilberforce, Dalit Solidarity Forum, New York State Council of Churches, Federation of Indian American Christian Organizations of North America, India Civil Watch International, Center for Pluralism, International Commission for Dalit Rights, American Muslim Institution, Students Against Hindutva Ideology, International Society for Peace and Justice, The Humanism Project and Association of Indian Muslims of America.

“We strongly urge policy recommendations that take these abuses seriously, especially the importance of the United States in its designation of India as a CPC in the coming months, and not let India off the hook from the consequences of a CPC designation with some sort of scummy waiver,” said Ueland.

Over three years ago, on September 13, 2020, Umar Khalid was charged with terrorism and arrested under the Unlawful Activities Prevention Act (UAPA) after Indian authorities falsely accused him of inciting communal violence following a speech he delivered during nationwide protests against the Citizenship Amendment Act (CAA), 2019. The CAA has been widely criticized by Indian jurists and activists alike as a law that discriminates on the basis of religion (read Islam) and thereby excludes them from being able to receive fast-tracked Indian citizenship.

In his speech during widespread protests at the time (2019-2020), Khalid had called for nonviolent resistance against the far-right government of Prime Minister Narendra Modi and his party BJP.

Also speaking at the briefing organised in the country’s capital was Syed Qasim Rasool Ilyas, the father of Umar Khalid, who stated that he was not only speaking to represent the case of his son, but to represent the cases of all India’s political prisoners.

“Those who are languishing in jail – what was their crime?” Ilyas asked. “They have spoken against a discriminatory law. [For this,] they have been charged with sedition, they have been charged with terrorism, and they are languishing in jail for the last three years under the Unlawful Activities Prevention Act.”

He added, “People must know what is prevailing in the country. India is the largest democracy in the world. But we are afraid of whether it will remain as a democracy or not after the 2024 election. If this government comes back, people feel that the democracy of the country will be lost.”

Indian journalist Niranjan Takle, also quoted Umar Khalid’s speech to anti-CAA protestors, saying, “If they spread hate, we will respond with love. If they thrash us with sticks, we will keep holding our national tricolor flag high.”

“What is anti-national in this speech?” he added. “What is it that is provoking violence? But based on this speech, frivolous charges were raised against [Khalid], and he has been incarcerated in jail for the last 37 months… and the Supreme Court of India is not ready to even hear the bail petitions.”

Related:

When speeches are given a criminal colour & ‘conspiracy’ charges used to incarcerate: Gautam Bhatia on Umar Khalid, Jyoti Jagtap bail orders

Umar Khalid’s Battle against the UAPA Charges to Continue

Umar Khalid bail plea: Prosecution concludes arguments before Delhi HC

The post Umar Khalid’s incarceration: USCIRF Commissioner expresses concern over use of anti-terrorism laws to silence activists appeared first on SabrangIndia.

Here is the Video that so pungently describes India’s Strings of Dirt and makes us stop. And think. Are we doing enough for Umar Khalid and the likes of him confined and chained? It is a wakeup call to you and to me, to also the media houses who have shut their eyes and ears to the reality that confronts us all.

If you have already seen this video, then watch it again.
If you haven’t, then watch it to Understand #UmarKhalid better.

मैल की बत्ती और उमर… #1000DaysOfInjustice

Part – 1 pic.twitter.com/FDMBbjR6hF

— Darab Farooqui (@darab_farooqui) June 9, 2023

“उमर खालिद जो नफ़रत के बदले प्यार की बात करता था वो जेल में है। लेकिन गोली चलाने वाला रामभक्त गोपाल बाहर है, भड़काऊ भाषण देने वाला कपिल मिश्रा बाहर है।”

दिल्ली दंगों का सच जानने के लिए देखिए @ShyamMeeraSingh की वीडियो: https://t.co/zJqKrlT6yw#1000DaysOfInjustice pic.twitter.com/YrqwxtHPDN

— Free Umar Khalid (@FreeUmarKhalid1) June 9, 2023

Here is another social media tweet from yesterday #ShyamMeeraSingh #1000DaysofInjustice

“उमर खालिद जो नफ़रत के बदले प्यार की बात करता था वो जेल में है। लेकिन गोली चलाने वाला रामभक्त गोपाल बाहर है, भड़काऊ भाषण देने वाला कपिल मिश्रा बाहर है।” दिल्ली दंगों का सच जानने के लिए देखिए @ShyamMeeraSingh की वीडियो:

Caravan Magazine put it presciently

Today, #UmarKhalid completes 1000 days in prison over a case connected to the 2020 Delhi riots.

From 2022, how Khalid’s trial can set a precedent for the treatment of all terrorism and sedition cases and for the state’s strategy to deal with dissent: https://t.co/8ZJmgxvSqW

— The Caravan (@thecaravanindia) June 9, 2023

Today, #UmarKhalid completes 1000 days in prison over a case connected to the 2020 Delhi riots. From 2022, how Khalid’s trial can set a precedent for the treatment of all terrorism and sedition cases and for the state’s strategy to deal with dissent:

On Friday June 9 afternoon, the courtyard of the Press Club was crowded with a solidarity group, packed as journalists, students, activists and academicians gathered to hear panelists talk as they marked 1,000 days of Khalid’s incarceration. The speakers included journalist Ravish Kumar and senior economist Prabhat Patnaik.Supreme Court advocate Shahrukh Alam, who spoke at the event, noted that the Station House Officer, instead of invoking sections of the law, had used the authority of his office to order the cancellation of the event. “There is no legal basis for such a request,” said Alam. She added: “We are not thinking in terms of constitutional and civil liberties. We are operating in terms of law and order and national security.”

Senior journalist Ravish Kumar on his You Tube channel has hostel this episode especially on the injustice behind Umar Khalid’s arrest and long incarceration. The venue for the event had to be changed at the last minute: around 9 pm on Thursday, Delhi-based activist Nadeem Khan shared a poster with journalists on WhatsApp asking them to attend an event marking 1,000 days of the incarceration of activist Umar Khalid. Khalid has been behind bars since September 13, 2020, under the draconian Unlawful Activities Prevention Act, for his alleged involvement in the Delhi riots earlier that year.

The poster titled “Democracy, Dissent and Censorship: A Discussion by Concerned Citizens” said the event was scheduled for 3 pm on Friday. The venue: the Press Club of India at Raisina Road in New Delhi. Earlier the venue was Gandhi Peace Foundation at Deen Dayal Upadhyay Marg near ITO in the national capital. The poster, too, had a slightly different title: “Dissent Under Trial: 1000 days of Injustice”.But on Thursday, the IP Estates Police Station wrote to the office-bearers of the Gandhi Peace Foundation, a charitable trust, telling them to cancel the booking for the event, according to a copy of the letter accessed by Scroll.

This is the latest of efforts in the capital for the Delhi police that falls under the Ministry of Home Affairs (MHA) to restrict dissenting opinion and permissions in public spaces.

Related:

Delhi court rejects application to handcuff Umar Khalid & Khalid Saifi

Umar Khalid’s speech prima facie not acceptable, obnoxious: Delhi HC

Protest was secular, chargesheet is communal: Dr. Umar Khalid’s counsel

Umar Khalid bail hearing: Counsel points out “cooked up” witnesses

Chargesheet against me looks like a film script: Umar Khalid to court

The post Umar who spoke of love & justice is in jail for 1,000 days, hate mongers roam free #1000 Days of Injustice appeared first on SabrangIndia.

The UAPA prisoner in the 2020 northeast Delhi riots case, activist Umar Khalid, returned to jail on Saturday.

After serving more than 800 days in prison, he was given a seven-day interim release in exchange for attending his sister’s wedding.

Khalid has been in custody since September 2020. He was denied bail by a Delhi High court bench of Justice Siddharth Mridul and Justice Rajnish Bhatnagar on October 18.

Khalid on November 18, moved an application through senior advocate Pais for interim bail before a Delhi court. Advocate Pais informed the court that the prosecution has conducted the verification/investigation. He had also informed that Khalid’s sister’s marriage is scheduled in December, for which the interim bail plea is sought.

Earlier, Delhi Police had opposed Khalid’s application for bail saying that he might spread misinformation via social media and also likely to cause unrest in the society.

“The release of applicant is further opposed as he is very likely to spread misinformation by use of social media during his interim bail period which cannot be prevented and is likely to cause unrest in the society. He may also influence witnesses,” police had said.

This year, Umar Khalid completed two years in Tihar jail. He was accused of ‘ participating in terrorist activities and criminal conspiracy against Prime Minister Narendra Modi’.

Courtesy: The Daily Siasat

The post Umar Khalid returns to jail after attending sister’s wedding appeared first on SabrangIndia.