NEW DELHI: Opposition parties have strongly criticised the Supreme Court’s denial of bail to activist Umar Khalid and student leader Sharjeel Imam, calling the decision a “violation of principles of natural justice” and a “travesty of justice.”
On Monday, the Supreme Court rejected the bail applications of Khalid and Imam and barred them from reapplying for bail for one year. At the same time, the Court granted bail to other accused in the Delhi riots’ conspiracy case — Shifaur Rahman, Meeran Haider, Gulfisha Fatima, Saleem Khan, and Shadab Ahmed — under stringent conditions. The Court did not treat all accused in the case on equal footing.
The rejection of bail has triggered widespread criticism from opposition leaders, journalists, and activists.
In a statement, the Communist Party of India (Marxist) said, “The Supreme Court’s denial of bail to Umar Khalid and Sharjeel Imam, who have spent over five years in jail under the draconian UAPA without trial or conviction, is against the principles of natural justice. Prolonged pre-trial incarceration violates the fundamental principle that bail is the rule, not jail, and undermines the constitutional right to liberty and a speedy trial.”
“The continued use of UAPA to target dissenting voices reflects a disturbing pattern of repression and selective justice. We reiterate our demand for the release of all political prisoners,” the CPI(M) added.
Nationalist Congress Party (NCP) spokesperson Anish Gawande said it was “truly disappointing” to see the Supreme Court deny bail to Khalid and Imam on what he termed arbitrary grounds, though he expressed relief that Gulfisha Fatima, Meeran Haider, Shifaur Rahman, Mohd Saleem Khan, and Shadab Ahmed would finally be released after spending five years in jail.
“Ram Rahim comes out of jail today, on the same day that Umar Khalid’s bail application is denied. Let that sink in. A child rapist has more rights than a student who dared to question the government,” Gawande said.
The Aam Aadmi Party (AAP) said it respected the Supreme Court but raised concerns over prolonged incarceration without trial.
“The Aam Aadmi Party respects the Supreme Court and the rule of law. But at the same time, we believe that in any democracy, keeping any person in jail for a long time without a trial raises serious constitutional concerns,” the party said.
The CPI-ML (Communist Party of India–Marxist-Leninist–Liberation) described the bail rejection as “a blatant negation of the very idea of justice” and appealed to “the democratic public opinion of India to rise in rage against this brazen travesty of justice.”
“This is beyond a travesty of justice; indeed, travesty does not begin to describe their ordeal at the hands of the ‘justice system’. Denying them bail even after more than five years of imprisonment without trial confirms their specific targeting by the state and an abject failure on the part of the Supreme Court to stand up for those unjustly incarcerated under fabricated charges by the Delhi Police,” the party said.
The CPI-ML further compared the judgment to the infamous Emergency-era ADM Jabalpur case, in which the Supreme Court upheld the suspension of fundamental rights.
“Like the ADM Jabalpur judgment, where the Supreme Court capitulated to the authoritarian Indira Gandhi regime, today’s judgment reflects its failure to stand in defence of civil liberties and the right to dissent,” the party said.
“The Supreme Court was on trial in this matter, and it has indicted itself. It now rests with the people of the country to rise up against this erosion of democratic institutions and restore the constitutional ethos of the country.”
On Monday, the Supreme Court rejected the bail applications of Khalid and Imam and barred them from reapplying for bail for one year. At the same time, the Court granted bail to other accused in the Delhi riots’ conspiracy case — Shifaur Rahman, Meeran Haider, Gulfisha Fatima, Saleem Khan, and Shadab Ahmed — under stringent conditions. The Court did not treat all accused in the case on equal footing.
The rejection of bail has triggered widespread criticism from opposition leaders, journalists, and activists.
In a statement, the Communist Party of India (Marxist) said, “The Supreme Court’s denial of bail to Umar Khalid and Sharjeel Imam, who have spent over five years in jail under the draconian UAPA without trial or conviction, is against the principles of natural justice. Prolonged pre-trial incarceration violates the fundamental principle that bail is the rule, not jail, and undermines the constitutional right to liberty and a speedy trial.”
“The continued use of UAPA to target dissenting voices reflects a disturbing pattern of repression and selective justice. We reiterate our demand for the release of all political prisoners,” the CPI(M) added.
Nationalist Congress Party (NCP) spokesperson Anish Gawande said it was “truly disappointing” to see the Supreme Court deny bail to Khalid and Imam on what he termed arbitrary grounds, though he expressed relief that Gulfisha Fatima, Meeran Haider, Shifaur Rahman, Mohd Saleem Khan, and Shadab Ahmed would finally be released after spending five years in jail.
“Ram Rahim comes out of jail today, on the same day that Umar Khalid’s bail application is denied. Let that sink in. A child rapist has more rights than a student who dared to question the government,” Gawande said.
The Aam Aadmi Party (AAP) said it respected the Supreme Court but raised concerns over prolonged incarceration without trial.
“The Aam Aadmi Party respects the Supreme Court and the rule of law. But at the same time, we believe that in any democracy, keeping any person in jail for a long time without a trial raises serious constitutional concerns,” the party said.
The CPI-ML (Communist Party of India–Marxist-Leninist–Liberation) described the bail rejection as “a blatant negation of the very idea of justice” and appealed to “the democratic public opinion of India to rise in rage against this brazen travesty of justice.”
“This is beyond a travesty of justice; indeed, travesty does not begin to describe their ordeal at the hands of the ‘justice system’. Denying them bail even after more than five years of imprisonment without trial confirms their specific targeting by the state and an abject failure on the part of the Supreme Court to stand up for those unjustly incarcerated under fabricated charges by the Delhi Police,” the party said.
The CPI-ML further compared the judgment to the infamous Emergency-era ADM Jabalpur case, in which the Supreme Court upheld the suspension of fundamental rights.
“Like the ADM Jabalpur judgment, where the Supreme Court capitulated to the authoritarian Indira Gandhi regime, today’s judgment reflects its failure to stand in defence of civil liberties and the right to dissent,” the party said.
“The Supreme Court was on trial in this matter, and it has indicted itself. It now rests with the people of the country to rise up against this erosion of democratic institutions and restore the constitutional ethos of the country.”