Justice Delayed Is Justice Denied: SDPI Demands Bail and Fair Trial for Anti-CAA Activists

Mohammad Shafi, National Vice President of the Social Democratic Party of India, expresses profound dismay and deep concern over the Delhi High Court’s decision today to deny bail to Umar Khalid, Sharjeel Imam, and seven other activists in the so-called “larger conspiracy” case related to the 2020 North-East Delhi riots. This ruling, delivered by Justices Naveen Chawla and Shalinder Kaur, perpetuates a grave injustice that has kept these individuals in prolonged detention for over years without the commencement of a trial, under the draconian UAPA.

The SDPI stands firmly against the misuse of anti-terror laws to stifle dissent and target minority voices. Umar Khalid, Sharjeel Imam, Khalid Saifi, Gulfisha Fatima, Meeran Haider, Shifa ur Rehman, Shadab Ahmed, Athar Khan, and Mohd Saleem Khan are not terrorists; they are students, activists, and community leaders who raised legitimate concerns against discriminatory policies like the Citizenship Amendment Act and National Register of Citizens. The prosecution’s reliance on inflammatory speeches, WhatsApp chats, and witness statements—without concrete evidence of direct involvement in violence—smacks of a witch-hunt designed to silence critics of the government.

This case exemplifies the weaponization of UAPA, a law amended in 2019 to allow indefinite detention based on mere suspicion. With a staggering 97.5% pretrial detention rate in UAPA cases between 2016 and 2020, it has become a tool for “process as punishment,” eroding constitutional rights under Article 21, which guarantees speedy trials and personal liberty. The riots, which claimed 53 lives—mostly from the Muslim community—and injured hundreds, were a tragic outbreak of communal violence, yet the focus remains on punishing protesters rather than addressing police inaction or holding perpetrators accountable.

We are particularly alarmed by the inconsistencies in judicial outcomes. While three co-accused—Devangana Kalita, Natasha Narwal, and Asif Iqbal Tanha—were granted bail in 2021, these nine remain incarcerated, highlighting selective application of justice. This not only undermines public faith in the judiciary but also exacerbates communal tensions in a diverse democracy like India.

The SDPI urges the Supreme Court to intervene expeditiously, review these bail denials, and ensure a fair trial. We call upon the government to repeal or reform UAPA to prevent its abuse against peaceful dissenters. Furthermore, we demand an independent inquiry into the Delhi riots to uncover the truth and deliver justice to all victims.