APCR condemns rejection of Umar Khalid and Sharjeel Imam's bail, demands immediate release of all political prisoners.

The Association for Protection of Civil Rights (APCR) has expressed severe concern, disappointment, and outrage over the rejection of bail pleas of student leaders Umar Khalid and Sharjeel Imam in the alleged 'larger conspiracy' case related to the Delhi riots. The Supreme Court of India, in its verdict on Monday, dismissed the bail pleas of Umar Khalid and Sharjeel Imam, while granting bail to other accused - Gulfisha Fatima, Meeran Haider, Mohammad Saalim, Shafa-ur-Rahman, and Shadab Ahmed - with 12 stringent conditions.

APCR has welcomed the grant of bail to Gulfisha Fatima, Meeran Haider, Mohammad Saalim, Shafa-ur-Rahman, and Shadab Ahmed. The organization has clarified that it provided robust legal assistance and consistent follow-up in the cases of Meeran Haider, Mohammad Saalim, and Shadab Ahmed. Their release, after years of imprisonment without trial, brings some relief; however, the continued detention of Umar Khalid and Sharjeel Imam undermines this relief.

According to APCR, the denial of bail to Umar Khalid and Sharjeel Imam is unjust, disproportionate, and devoid of solid legal grounds. The Supreme Court, while applying the stringent bail standards under the UAPA, justified the discriminatory treatment among the accused, stating that 'not all accused are on the same footing'. The court also observed that the prolonged delay in the case cannot be a ground for bail, despite the lack of significant progress in the trial over the years.

In a press release, APCR stated that this approach is equivalent to normalizing pre-trial detention for an indefinite period, which severely undermines personal liberty, the principle of innocence, and the fundamental rights enshrined in the Indian Constitution. The organization emphasizes that bail is the rule, and jail is the exception; however, this principle is being consistently violated under the UAPA.

It is an undeniable fact that Umar Khalid and Sharjeel Imam have spent over four years in jail without being convicted. The denial of bail without a full trial is essentially a punishment before proven guilty and sets a dangerous precedent for criminalizing dissent. This prolonged detention has also raised concerns internationally in recent days. On January 2, 2025, several US lawmakers wrote to the Indian ambassador, demanding Umar Khalid's release and a fair trial, while on January 3, 2025, New York City's newly elected mayor, Zohran Mamdani, publicly expressed solidarity with Umar Khalid and called for his release. This reaction reflects the growing global scrutiny of the use of UAPA in India.

APCR states that the prolonged detention under UAPA is no longer a precautionary measure but is being used as an alternative to punishment. While the organization welcomes the grant of bail to the five accused, it expresses severe concern that the 12 stringent conditions imposed may not become a means of surveillance, harassment, or muzzling their voices. Conditional freedom should not be a de facto denial of freedom.