In a case that has sparked debates on freedom of expression in India, Umar Khalid, a 36-year-old activist, remains behind bars, facing accusations related to violent clashes in Delhi in September 2020. Khalid, who gained prominence in 2016 for organizing a protest at Jawaharlal Nehru University, was charged as a “key conspirator” in the Delhi riots that claimed 53 lives.
Background
In an interview from January 2020, Khalid identified himself as an “unemployed 32-year-old Indian” with a doctorate on indigenous people. Ideologically aligned with radical democracy, he emphasized the need for democracy to extend beyond voting into everyday life.
Khalid’s activism took a critical turn in 2016 when he, along with other students, faced charges of sedition for protesting the hanging of a Kashmiri man. Fast forward to 2020, he found himself accused of orchestrating violent clashes amid protests against a contentious citizenship law.
Legal Battles and Denied Bail
Khalid’s legal battle has been marked by challenges. Despite a temporary suspension of the sedition law in 2022, the activist faces charges under the Unlawful Activities (Prevention) Act (UAPA), notorious for its stringent anti-terror provisions.
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The prosecution alleges Khalid’s involvement as a “remote supervisor” and “mastermind” behind the riots, citing witness statements, his presence at demonstrations, and phone calls. Legal commentators argue that the evidence against him is weak, and a panel of former judges found no substantiating evidence for terrorism charges.
Kapil Sibal, Khalid’s lawyer, asserts that a brief presentation could debunk the police’s case. However, despite 11 scheduled dates over eight months, the Supreme Court has yet to hear Khalid’s bail petition.
International Concerns
Amnesty International has decried the denial of bail to Khalid as a “huge blow to free expression and peaceful assembly” in India. The rights group sees it as indicative of a shrinking space for critical voices and a concerning precedent for dissenting views.
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Meanwhile, Khalid remains resilient in prison, engaging in reading, writing, and occasional video calls with family. His partner, Banojyotsna Lahiri, notes the challenges of maintaining a relationship through glass partitions and intercom conversations during court dates.
The Personal Side of Detention
Despite the challenging circumstances, Khalid’s family has found moments of solace, including a brief respite in July 2022 when he was granted temporary bail for his sister’s wedding. Khalid’s partner continues to support him, bringing him books and maintaining a sense of normalcy amidst adversity.
As the next court hearing approaches on January 24, the case of Umar Khalid raises larger questions about the state of democracy and dissent in India, with international observers closely monitoring developments.
