New Delhi, Jan 6 (PTI) The order denying bail to activists Umar Khalid and Sharjeel Imam shows a “broken judicial system”, TMC Rajya Sabha MP Saket Gokhale said on Tuesday, as he accused the Centre of using laws like UAPA and PMLA to imprison “those they dislike”.
In a post on X, the Trinamool Congress MP said there cannot be a presumption of guilt in cases like Umar’s and Sharjeel’s, where the trial hasn’t even begun.
“The Constitution is only as good as the paper it’s written on unless its values are upheld by courts”, the MP said, adding that their “failure” represents a collapse of our democracy and society.
“The order denying bail to Umar Khalid and Sharjeel Imam shows a broken judicial system. Laws like the Unlawful Activities (Prevention) Act (UAPA) and the Prevention of Money Laundering Act (PMLA) have routinely been used by the Modi government to imprison those they dislike. However, that’s the nature of (what) an authoritarian state does and has also been under previous governments,” Gokhale said.
He said the power to deliver justice lies with the judiciary, and, in recent times, Supreme Court benches “have upheld principles of liberty, where a bench of Justices Oka and Masih ruled that bail must be the norm even in UAPA cases”.
“Several benches have also tried to dismantle the draconian provisions of PMLA bit by bit within their powers,” he said.
“Accusation by the State cannot be taken at face value. It must be proven after a fair trial. There cannot be a presumption of guilt in cases like Umar’s and Sharjeel’s, where trial hasn’t even begun,” Gokhale added.
Gokhale said Khalid and Imam will languish in jail for another year at least, despite not having even faced a trial.
“On the other hand, Kapil Mishra of the BJP, who was openly seen inciting mobs during the Delhi riots, is now a minister. (He) never faced justice. And, as a minister, Kapil Mishra is now the State,” he said.
Mishra led a gathering in support of the Citizenship Amendment Act, 2019, at the Maujpur Chowk in Jafrabad area on February 23, 2020, where he also gave a speech, delivering an ultimatum to the Delhi Police to clear the roads.
“That same State has levelled accusations against Umar and Sharjeel. And the SC decided to lean towards those accusations by the State instead of following the settled principle of ‘innocent until proven guilty’. A system that rewards Kapil Mishra while keeping Umar Khalid and Sharjeel Imam in jail is deeply and fundamentally broken,” Gokhale said.
The Supreme Court on Monday ruled that an “act of terror” under the UAPA is not confined only to the final execution but extends to those who contribute to the commission of such acts through planning, coordination, mobilisation or other forms of concerted action.
While refusing bail to Khalid and Imam, the court said reasonable grounds exist for believing that the allegations against them are prima facie true.
The top court said the statutory intent was not to limit the definition of terror to the use of weapons, asserting that emphasis is not solely on the instrumentality but the design, intent and effect of the act. PTI AO PRK PRK
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