Several activists, lawyers, journalists, members of parliament and students came together in solidarity with those imprisoned in the northeast Delhi violence conspiracy case of 2020. A public meeting titled “The Last Line of Defence – Dissenters in Democracy,” held on 26 July at the Press Club was organised by the APCR – Association for Protection of Civil Rights, and included speakers such as senior Congress leader Salman Khurshid, CPIM MP John Brittas, CPIML MP Raja Ram Singh, Congress MP Sasikanth Senthil, known educationist Syeda Hamid, journalist Saurav Das and legal scholar Gautam Bhatia.
Four years after the Delhi pogrom, twelve individuals accused in the case remain incarcerated with their bail applications pleas consistently denied. Among them are rights defenders Umar Khalid, Gulfisha Fatima, Sharjeel Imam, Shifa Ur Rehman, Khalid Saifi, Meeran Haider, and others. All have been charged under the draconian Unlawful Activities (Prevention) Act (UAPA) and have been held without bail or trial.
Umar Khalid, whose numerous bail pleas have been denied, stands accused of being a “key conspirator” in the “riots.” The majority of those killed were Muslims, and yet the accused are largely from the same community. Gulfisha Fatima, an MBA graduate, has been labelled the “mastermind” behind the “riots” and faces serious charges, including murder, rioting, unlawful assembly, and sedition.
The moderator of the event, Nandini Sundar, Professor at Delhi University, initiated the press meeting by highlighting the ongoing injustices faced by political prisoners. She began by saying, “While we continue our normal lives, Umar Khalid has been in jail for four years, and each day that each of them is in jail is something that we should be deeply ashamed about.”
Sundar emphasised the stark contrast between the everyday lives of ordinary citizens and the plight of those imprisoned for participating in the 2020 protests against the discriminatory and unconstitutional Citizenship Amendment Act. “We are in Delhi, and our Chief Minister is also in jail,” she pointed out, “but we are talking about 2020 when there was this marvellous movement where all the citizens of Delhi came together against the discriminatory, unconstitutional Citizenship Amendment Act. All those people, all those young people who talked about equality before the Constitution, who talked about love, who talked about freedom, who talked about the fact that this country was born in struggle and that struggle was meant for everybody to be equal and not to have religion enshrined in our laws—so many of these young people are in jail today for the last four years.”
Detailing the arrests made in connection with the February 2020 pogrom, Sundar said, “The Delhi Police has arrested 2,619 people in connection with the February 2020 pogrom. Everywhere we look, whether it’s Delhi 2020 or the BK16 after the Elgar Parishad, every movement for equality has been converted into an attack against those people who were struggling for equality.”
Sundar advocated for Umar Khalid, urging the audience to listen to his speeches available on YouTube. “Listen to the speeches of Umar Khalid, which are available on YouTube, and you will be transformed because he is talking about equality and love. He is talking about the need for love among all citizens of this country, but these are the people whom police in the country have arrested.”
Providing grim statistics, she noted, “2,619 people were arrested in connection with the Delhi violence, 53 people were dead in the violence, 581 injured, the majority of those affected were Muslims, and yet the majority of those who are in jail are Muslims. All those who are arrested for the Delhi violence and continue to be in jail among the students are young Muslim students. Of those arrested, 2,094 are currently out on bail, and 172 people still remain in jail.”
Sundar then recounted the harrowing conditions faced by Khalid in prison, including the brutal summer heat of Delhi. “I don’t know if you have read the accounts of Umar Khalid and his summer in jail, where the hot winds of Delhi’s loo come through the jail bars because they are not closed.”
She also spoke about the tragic death of Stan Swamy, who died in custody due to the system’s neglect. “Stan Swamy is dead, killed by the system that did not recognize a Parkinson’s patient, did not give him a sipper, did not take him to the hospital when he was sick. Stan, who spent his whole life working for Adivasis in Jharkhand, who came from Tamil Nadu and gave up his life for the Adivasis of Jharkhand because he wanted to experience what all of them were experiencing. His work had been on undertrial prisoners in Jharkhand and how 99% of those accused of being Maoists were actually innocent.”
Saurav Das, an investigative journalist provided an overview of how the judiciary has treated these cases, particularly the larger conspiracy case where 21 individuals have been accused under the draconian UAPA and other laws.
“Umar Khalid has been in jail for more than 1,400 days now. Along with 20 others, he has been accused of hatching a conspiracy that led to the Delhi riots in February 2020, organising chakka jams, being part of WhatsApp groups, delivering an ‘obnoxious’ speech, in the words of the Delhi High Court, and many other allegations made by the Delhi Police,” Das explained.
He also shared the story of Salim Malik, who participated in the anti-CAA protest and helped with food distribution at one of the protest sites. “Salim was 39 years old when he was imprisoned on the same charges as Umar; he is 43 now. Four years have passed, and his four kids are growing up fatherless.”
Das then spoke about Gulfisha Fatima, an aspiring teacher who was 27 years old when she was jailed in this larger conspiracy case. “Her hopes and dreams are shattered now,” he lamented. Das criticised the Delhi Police for heavily relying on witness statements to justify their version of events. He noted that news media outlets like Scroll had tracked down some of these witnesses, who revealed that the police had coerced and pressured them to implicate many of the accused.
“These tactics—fabricating evidence, giving false evidence—are widespread in our justice system, and the police usually get away with it. But the credibility of the witnesses can only be tested during cross-examination, which happens at the trial stage,” Das explained. “The cases of these political prisoners will take another five or seven or maybe ten years to reach the trial stage. In the meantime, the law allows them to be granted bail while they await trial, but laws like the UAPA and PMLA make that almost impossible.”
Das highlighted a recent Supreme Court ruling that courts can grant bail even under UAPA if there is a delay in the trial. However, he questioned how other benches would interpret and apply this ruling. “What constitutes a delay in trial? Is it two months of incarceration, one year, or five years?” he asked. He compared the cases of Stan Swamy, who died less than a year in jail, and Salim Malik, who has been in jail for four years. “Whose incarceration is a bigger travesty?” he questioned.
He then criticised the judiciary’s role in these cases, describing it as a “great travesty of justice.” Das recounted how three student leaders—Natasha, Devangana, and Asif—were granted bail by the Delhi High Court in June 2021. The bail order substantially watered down the UAPA and strictly defined what constitutes terrorist activities. However, this interpretation was quickly stayed by the Supreme Court, although it allowed the three individuals to remain out on bail.
Das detailed the delays and inconsistencies in the bail hearings for Umar Khalid and others. He mentioned how the Delhi High Court, after months of hearings, failed to pass judgments promptly.
“In Salim Malik’s case and in Shifa Ur Rehman’s case, this bench did not pass its judgement for more than six months despite arguments having concluded and judgement reserved. It is unusual, the lawyers told me when I was reporting on this matter; it mostly does not happen in our courts,” he noted.
Das pointed out the frequent changes in the benches hearing these cases, leading to further delays. “The cases have moved through four benches today. All the nine individuals who are before the High Court had their petitions clubbed together before the same special bench that rejected Umar’s bail plea. After listening to each of their bail applications anywhere between 34 to 60 times, the bench still failed to pass a judgement.”
He also mentioned the potential impact of judicial transfers, noting that the senior judge on the fourth bench, Justice Kaif, was recommended for Chief Justiceship of the Jammu and Kashmir High Court. “So in all probability, he will make his way to that High Court, and this fourth bench will again be broken up. Perhaps all these bail petitions will have to go before a fifth bench, which will again have to hear the entire case altogether,” he said.
Das called for greater accountability of judges, referencing the Constituent Assembly debates when the Constitution was being framed. “There was a great amount of trust placed on our judiciary, especially the Supreme Court, to uphold high standards of integrity. This trust has clearly lived out its expiry date,” he asserted.
He emphasised the role of Parliament in addressing these issues, suggesting that parliamentary committees should act as a check on the higher judiciary. “The opposition today is rightly making a hue and cry about the unfair treatment meted out by the judiciary, but there is a great difference in the treatment received by a political leader in jail and a poor tribal woman in Chhattisgarh. Many in the latter category often suffer unfathomable situations in prison due to reluctant or ignorant magistrates,” he explained.
Das concluded with a call to action. “It is important we realise that unless we, the people, do not talk about judicial conduct, things will not change. If we don’t fix these nuts and bolts, many Umars will continue to be incarcerated for many more years, and many more Gulfishas will be shattered. The blame will not just be on the executive that imprisons them or the judiciary that rubber stamps the executive’s will, but also on the Parliament that lets the status quo remain in our judiciary. Our parliamentarians, therefore, have to step up.
John Brittes, Member of Parliament from CPI (M), highlighted critical issues regarding law and order, judicial processes, and the treatment of individuals based on their religion and caste during his address. He emphasised the stark contrast between those languishing in jail and the impunity enjoyed by some powerful figures.
“I want to highlight a few statistics that illustrate how the law and judiciary handle cases and the treatment of those jailed based on their religion or caste. Take the Delhi riots, for example; individuals have been imprisoned for over four years,” Brittes said. He criticised the uneven accountability, citing a controversial statement made by a former cabinet minister who incited violence. “There are ministers who declared, ‘Desh ke gaddaro ko, goli maaro salon ko,’ and despite this incendiary remark, the minister remains in Parliament, uncharged and untroubled,” he added.
Brittes underscored the current state of citizen rights and the right to dissent. “This is how this country moves now, and that is why it is very important for us to discuss the rights of the citizen and the right of dissent,” he said. He also criticized the plight of journalism in India, mentioning the arrest of journalist Prabhir Purkayastha. “A journalist, Prabhir Purkayastha, was arrested and jailed for his alleged link with a person connected to a Chinese company. Now, you want FDI from China. Media should have asked why Prabhir was arrested and detained. Somebody should have asked that.”
He stressed the need to regain the sanctity of institutions and highlighted the inefficacy of Parliament in holding the executive accountable. “Please don’t be under the notion that Parliament has the power to make the executive accountable. That’s not the case,” Brittes asserted. He criticized the passing of bills without due diligence or discussion, even within parliamentary standing committees. “Bills are being passed without even due diligence or discussion, all those legislations like the Telecom Bill, and the Data Protection Bill, which have far-reaching impacts on citizens, have been passed without even a half-hour discussion. This is the plight of an institution called Parliament, so we can think how other institutions function.”
Brittes concluded by offering his support and that of his party, the CPI (M). “I would be happy to extend my support in whatever ways I can, and my party CPI (M), my general secretary Sitaram Yechury, also wants to convey his support to this convergence,” he affirmed.
Raja Ram Singh, Member of Parliament from CPI (ML), addressed the gathering with a powerful message about the ongoing struggle for justice and democracy in India. His speech focused on the persistence of authoritarianism, the need for continued resistance, and the call for the release of political prisoners.
Singh began, emphasising that although darkness prevails, there is still hope. “We have shaken authoritarianism, but we haven’t overthrown it yet, so the struggle continues.”,” he declared, acknowledging that while they haven’t completely overthrown authoritarianism, their struggle continues.
Singh specifically highlighted the cases of Umar Khalid, Sharjeel Imam, and other political prisoners who have been detained without justice, calling for the release of these individuals and expressing support for the ongoing struggle for justice.
Singh critiqued the current government’s approach to privatisation and its disregard for existing laws and protections, highlighting the shift towards privatising public resources and sidelining workers, farmers, and youth. He expressed concern over the erosion of democratic rights, stating, and criticised the government’s alteration of laws such as those related to sedition and detention. He expressed concerns about the ineffective functioning of Parliament and the judiciary.
Singh concluded with a call for perseverance in the fight for justice and democracy. ‘We must continue the struggle, and we are with you in this fight,’ he affirmed, expressing solidarity with the ongoing struggle. He emphasised that despite the challenges, their resolve to fight for justice remains strong. ‘We must clear this dense fog, and we believe your efforts will bring light. We are certain that justice will ultimately prevail.’
Salman Khurshid, former law minister and Senior Advocate, acknowledged the lack of sensitivity on a large scale in the country but praised the gathering where people feel the pain of others and make efforts to alleviate it. He emphasized the importance of their presence and increasing numbers as a message to those in power that they cannot act without opposition and resistance.
He addressed the flaws within the political system, acknowledging that good people sometimes fail to rise due to the internal issues within parties. Khurshid posed the critical question of how to restore and strengthen internal democracy within political parties, suggesting that political scientists and scholars could play a role in highlighting the need for reform. Khurshid noted the challenges faced by individuals in government, where their actions are often deemed harmful to the government. He underscored the need for consistent and steadfast efforts for systemic reform, ensuring that voices raised are not alone and that both celebrated and uncelebrated cases are addressed.
He stressed the importance of prioritising liberty in society and political manifestos, advocating for maximum liberty while enforcing the laws of the land without compromising liberty provisions. Khurshid concluded by emphasising the human right to make mistakes and the necessity of providing opportunities for reform, stating, “Not every mistake should be condemned. Some mistakes should be allowed; otherwise, the system cannot deliver justice.”
Shashikant Senthil, Member of Parliament, Congress began by expressing his deep personal connection to the issues discussed, noting, “I am concerned to have this meeting; in fact, my story has been a rollercoaster and it’s very personal to me also because Umar is a very good friend, a brother.”
He recounted a pivotal moment from 2019 when, as a district collector, he was struck by the profound silence amidst escalating tensions in Jammu and Kashmir: “The biggest problem at that time was the silence in the society.”
He described how this silence led him and a colleague to resign from their positions in protest, which eventually brought him to Umar and initiated their ongoing struggle. Reflecting on their journey, he said, “From there our journey started… and we have been in all the struggles in various aspects.”
Senthil emphasised that the fight is not just about individual battles but about confronting broader ideological divides. He stated, “The fascist forces that we are facing… cannot understand a fight from a lot of people. That’s something that has resulted today, in a way politically this country has shown that it is not consumed by this complete majoritarianism.”
He stressed the importance of the voices that initiated this energy, such as Umar’s, noting, “These are the voices which started this energy from different levels… but today at least I’m sure seeing this electoral result there’s some hope.” Senthil asserted that the struggle transcends political parties and individuals, focusing instead on ideological battles: “This fight is not about parties, this fight is not about individuals, it is about two mindsets.”
He described the ideological conflict as a contest between fear and hierarchy versus equity and brotherhood. “One mindset just believes in hierarchy, which believes in fear, which believes in terror, and the other mindset which believes in equity, which believes in brotherhood, love and affection,” he said.
Senthil advocated for a multifaceted approach to the struggle, emphasizing the need for creativity and collective action: He urged that the fight should not be fueled by sadness or anger but by a celebration of diversity and creativity: “We have to celebrate this energy, celebrate this chaos.”
Highlighting the failure of institutions, he called for individuals to rise in response: “When institutions fail, individuals should stand up… it cannot be one energy, it has to be multiple energies, it has to be music, songs, poetry, everything against the fascist forces.” He concluded on a hopeful note, observing that the dominant political force is already showing signs of weakness: “Already they have started looking very small inside the parliament. The whole idea of the 56-inch looks very small there.”
Syeda Hamid, a renowned activist and educationist, voiced her concerns about the severe state of affairs affecting Muslims in India. She highlighted the plight of individuals like Umar Khalid, Sharjeel Imam, Gulfisha Fatima, and many others who have faced brutal repression. “Whether it’s Umar Khalid, Sharjeel Imam, Gulfisha Fatima, or countless others who have been crushed, tortured, lynched, and killed. The state of these people, their families, their mothers, sisters, and children is dire. Keep their conditions in mind,” she urged.
Hamid drew attention to the systemic nature of this oppression, quoting Faiz Ahmed Faiz: “Bane hain ahl e havas, muddai bhi munsif bhi, kisse vakil kare, kisse munsifi chahen” (Those driven by lust and hatred, both the accusers and judges, who should we call a lawyer, and who should we seek justice from?).
She criticised the current government for its sustained campaign against Muslims, citing incidents like the targeting of Akhlaq and the rise of cow vigilantism. “There’s a massive, almost tsunami-like wave against Muslims, and we must face it,”
Reflecting on historical resistance, Hamid mentioned a 1969 letter from her father during Khan Abdul Ghaffar Khan’s visit. “At that time, Ghaffar Khan spoke frankly and fearlessly against the government, and Hindus, Muslims, Sikhs, and Christians listened.”
She also invoked the spirit of resilience with a quote from Habib Jalib: “Tu hai nawaqife aadabe ghulami se abhi, raqs janzeer pehen ke bhi kiya jaata hai” (You don’t know the tribulations of being a prisoner; you can dance even in chains). Hamid reassured that those in jail will rise above their circumstances once they understand this.
Hamid addressed the movement as one concerning Muslims, noting that Muslims are unjustly perceived as a threat. She cited an article from The Wire stating that the government’s primary target is Muslims. “We questioned Modi for ten years when we were in the Planning Commission, gently without much torture because we were eyewitnesses to the 2002 Gujarat carnage.”
Appealing to those present, Hamid encouraged solidarity: “To all those sitting here, you give Muslims the courage to keep going, especially those languishing in jail without bail for years, whose families have been utterly destroyed. You give them hope that there are people who care and love them.”
She concluded with a call to action and a reminder of resilience: “If you want us to survive, stand with us. Habib Jalib’s line, ‘raqs zanjeer pehen kar bhi kiya jaata hai,’ reminds us that even in chains, we can dance. We are currently shackled, and as an elderly person, I never thought I’d be in chains in a country where someone like Badshah Khan once inspired entire communities. But with your support, we are alive. Without it, survival will be very tough. Our hearts, souls, thoughts, and actions are with Umar Khalid, Gulfisha Fatima, and all those suffering.
