Umar Khalid: The Activist Who Has Spent Four Years Behind Bars Amid Controversy and Accusations

Umar Khalid, a prominent student activist and former member of the Jawaharlal Nehru University (JNU), marks four years in Tihar Jail. His detention has sparked heated debates in India about civil rights, freedom of speech, and the implications of the Unlawful Activities (Prevention) Act (UAPA). Khalid was arrested on September 13, 2020, under accusations of being a key conspirator in the violent riots that erupted in Delhi in February 2020, leading to the deaths of at least 53 people, primarily from the Muslim community.

Who is Umar Khalid?

Umar Khalid is a well-known figure in Indian activism, particularly for his role in protests against the Citizenship Amendment Act (CAA). This law, passed in December 2019, has been criticized for allegedly discriminating against Muslim immigrants. Khalid’s activism gained national attention during the 2016 JNU sedition controversy, where he was charged with sedition for participating in protests against the execution of Afzal Guru, a convict in the 2001 Indian Parliament attack.

Khalid’s educational background includes a degree from JNU, where he became involved in student politics and various social movements. His political ideology leans towards secularism, social justice, and human rights, which has often put him at odds with the current government.

Umar Khalid’s Arrest

Khalid’s arrest on September 13, 2020, was a significant event in the context of the Delhi riots. The police accused him of inciting violence through speeches made during protests against the CAA. The riots that followed were marked by communal tensions, and Khalid was labeled as a mastermind behind the unrest. The Delhi Police’s special cell charged him under the UAPA, which is notorious for its stringent provisions that make obtaining bail extremely difficult.

The charges against Khalid include conspiracy, rioting, and promoting enmity between different groups based on religion. These accusations have been met with widespread criticism from human rights organizations, which argue that Khalid’s detention is politically motivated. They contend that he participated in peaceful protests and that the charges against him are exaggerated.

The Legal Battle

Since his arrest, Khalid has faced a prolonged legal battle. He has applied for bail multiple times, but courts have consistently denied his requests. In March 2022, a Karkardooma court rejected his first bail plea, stating that the allegations were “prima facie true.” The Delhi High Court also denied him relief in October 2022, reinforcing the challenges faced by those charged under the UAPA.

Khalid’s legal team has argued that the evidence against him is largely circumstantial and based on hearsay. They have pointed out that many of the testimonies from protected witnesses were recorded long after the events in question and lack substantial evidence linking him to any violent acts. Despite this, the courts have upheld the state’s narrative, often citing the stringent bail provisions of the UAPA.

The Current Situation

As of now, Khalid remains in Tihar Jail, where he has spent over four years without a trial. His case has been adjourned multiple times, with the Supreme Court hearing his bail plea on several occasions but failing to reach a conclusive decision. The delays have raised concerns about the right to a fair trial and the implications of prolonged detention under anti-terror laws.

Khalid’s family has been actively campaigning for his release, highlighting the emotional and psychological toll of his imprisonment. They have expressed frustration over the lack of progress in his case and the perceived bias in the judicial process. Khalid’s partner, Banojyotsna Lahiri, has described him as someone who promotes love and understanding, contrasting sharply with the violent image painted by the authorities.

Life in Jail

During his time in prison, Khalid has maintained a routine that includes reading extensively and documenting his experiences. He has reportedly read nearly 200 books and is working on a prison diary, which has attracted interest from publishers. His family is allowed to communicate with him through weekly video calls, and he occasionally receives visits from friends.

Khalid’s case has become emblematic of the broader struggles faced by activists in India, particularly those who oppose government policies. His imprisonment raises critical questions about freedom of expression, the role of the judiciary, and the impact of anti-terror laws on civil liberties.

The Broader Implications

Khalid’s situation reflects a growing trend in India, where dissent is increasingly met with legal repercussions. The UAPA has been criticized for its vague definitions of terrorism and its potential for misuse against political opponents. Activists argue that the law creates an environment of fear, discouraging individuals from speaking out against the government.

As Khalid continues to languish in jail, his case serves as a reminder of the challenges faced by those who dare to challenge the status quo in India. The ongoing legal proceedings and public discourse surrounding his detention will likely have lasting implications for civil rights and political activism in the country.