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Families of Umar Khalid, Gulfisha Fatima call out VIP culture in bail. Want police reform

Noor Jehan, mother of inmate Athar Khan, said his case was brought to court 62 times without a hearing. Yet, when the Supreme Court states that 'bail is the rule' she has hope.

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New Delhi: Arvind Kejriwal and Manish Sisodia’s release in the liquor scam case has not only sparked criticism from BJP but also from the families of other inmates who claim India has a VIP culture in bail.

Nargis Khalid Saifi whose husband Khalid Saifi has been imprisoned without trial for his alleged role in the 2020 Delhi riots for four years contrasted the bail in liquor scam with Khalid’s case.

Families of inmates Umar Khalid, Gulfisha Fatima, and Khalid Saifi—all arrested after the 2020 Delhi riots—came together for a discussion at the Constitution Club in Delhi. Titled Curtailed Freedoms: A Travesty of Justice, it was organised by the Association for Protection of Civil Rights (APCR). They demanded the immediate release of their loved ones and held the police accountable.

Congress leader Digvijaya Singh, CPI(ML) General Secretary Dipankar Bhattacharya, advocate Shahrukh Alam, journalist Hartosh Singh Bal, satirists Kunal Kamra and Sanjay Rajoura, and actor Swara Bhasker were panellists at the meeting.

Saifi also referred to the observation the Supreme Court made on 28 August observation, while granting bail to Jharkhand CM Hemant Soren’s aide, Prem Prakash, in an illegal mining case. The Court emphasised that bail is the rule, and jail is the exception.

“Rules apply only to those they want, like Manish Sisodia and Arvind Kejriwal. For them, it’s easy to go to jail and come out,” said Saifi. “But for us, no trial has happened in the last four years. No one is willing to listen to us. The courts and judges keep changing before a verdict is reached.”

The delayed hearings and the prolonged procedure have become exhausting for the families. According to Saifi, the public prosecutor simply reads through over a thousand pages of the Delhi riots chargesheet like a student in class. She urged the judiciary to start the trial proceedings.

Noor Jehan, mother of inmate Athar Khan, voiced her frustration over his case being brought to court 62 times without a hearing. Yet, when the Supreme Court states that “bail is the rule” she has hope.

Congress leader Digvijaya Singh also echoed the SC’s verdict, questioning why the rule changes for Muslims. He highlighted that people like Umar Khalid and Khalid Saifi were jailed for opposing a law that was unnecessary in the first place.

“The government wanted to send a message that they can amend the Indian Constitution to show that Muslims have no equal rights. Otherwise, this law [CAA] was not necessary,” he added.


Also read: If you’re watching this now, I’m already in jail. New Umar Khalid film blames media, BJP


‘Do your job’

It is a ‘fight’ for the families and APCR to secure the release of political prisoners. They strongly condemn the Unlawful Activities (Prevention) Act (UAPA), referring to it as a draconian law.

Almost all the panellists, especially Bal, Singh, Rajoura and Alam agreed that anti-terrorism laws in India are not a new phenomenon. They have roots in the Terrorist and Disruptive Activities (Prevention) Act (TADA) and the Prevention of Terrorism Act (POTA). These anti-terrorism laws have always been controversial and have been unjustly implemented by the UPA government as well said Bal. Syed Qasim Rasool Ilyas, father of Umar Khalid, found the police’s actions questionable and suspicious, as they failed to act against the real perpetrators.

He stressed the need for action against police officials when a person is proven innocent. He advocated for ensuring their accountability.

“It is time to raise questions not just against the judiciary and the government, but also against the Opposition,” he added.

Kamra and Rajoura too raised concerns about the police inaction. Kamra said that instead of policing, the police are merely reporting crimes and failing to take any effective action.

He added that when random people threaten the organisers of a show—that they would burn the venue if a certain artist took the stage—the police would advise the artist against performing.

“Everybody will call out the artist, but nobody will question the offender about why they are making threats,” he said.

Kamra cracked a joke to drive home his point, bringing a rare bout of laughter at CCI. If the same thing happened in the USA, the police would reach the offender’s house and arrest them within 15 minutes. “And police would collect the matchstick box and throw him in jail,” he added.

But, for Rajoura, Kamra, Bhaskar and Bhattacharya, these inmates are “intellectuals”, “freedom fighters of this era” and “soldiers of democracy”.

Bhattacharya questioned what fear might be hindering hearings in the Supreme Court and criticised opposition parties for not bringing this issue to the national level.

Actor Swara Bhasker questioned why judges, who have access to the whole system, might still be afraid. “What greed do you have now? What do you want now?,” she asked.  She questioned whether they were gunning for a cushy post-retirement position, as a governor or Rajya Sabha member.

“If you do not fulfill your responsibility at the right time, the consequences can be severe. It is wrong, and it is grave injustice,” said Bhasker. “Please, do your job.”

(Edited by Theres Sudeep)

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