BM Kamble Slams SG Tushar Mehta’s Call to Jail Without Trial as an Assault on Justice

BM Kamble, National Vice President of the Social Democratic Party of India, strongly condemns Solicitor General Tushar Mehta’s statement on July 9, 2025, during a Delhi High Court hearing on the 2020 Delhi riots “larger conspiracy” case, in which he declared that those accused of “anti-national” acts should remain jailed until either acquitted or convicted. This alarming stance, coupled with systemic injustices in the investigation and legal proceedings, undermines India’s constitutional values and democratic ethos.

The 2020 Delhi riots claimed 53 lives — most of them Muslims — and injured over 700 people. Yet the Delhi Police’s investigation, particularly in the “larger conspiracy” case under the UAPA, has been marked by bias and incompetence. Activists like Umar Khalid and Sharjeel Imam have endured over four years of detention without trial, violating their right to liberty and the legal principle that “bail is the rule, jail is the exception.” Courts have criticized the police for “callous” and “biased” investigations, citing contradictory witness statements and questionable evidence—such as WhatsApp chats—which lack clear links to violence. The high acquittal rate (183 of 757 cases) and low conviction rate (47 cases) further expose the fragility of these prosecutions.

The Solicitor General’s rhetoric attempts to justify prolonged detention and the misuse of UAPA—which has a mere 3% conviction rate—to target anti-CAA activists, particularly from minority communities, while ignoring others implicated in inciting violence. This selective targeting and prolonged judicial delays erode free speech and public trust in the justice system.

The SDPI demands immediate bail for the unjustly detained, expedited trials, an independent probe into investigative bias, and urgent reforms to the UAPA. We stand with the victims and the unlawfully incarcerated, and we urge the judiciary to uphold constitutional rights, due process, and the rule of law.