Judiciary 'turning justice into punishment': PUCL slams bail denial in UAPA cases

By A Representative 

The People’s Union for Civil Liberties (PUCL), Gujarat unit, has strongly criticized the Delhi High Court’s recent decision denying bail to several activists arrested under the Unlawful Activities (Prevention) Act (UAPA) in connection with the 2020 Delhi riots conspiracy case. 

In its statement, PUCL said the judgment marks a serious departure from the principle that “bail is the rule and jail the exception,” turning prolonged incarceration into punishment without trial. 

On September 2, a bench comprising Justices Navin Chawla and Shalinder Kaur denied bail to Umar Khalid, Sharjeel Imam, Gulfisha Fatima, Athar Khan, Shifa Ur Rehman, Mohd Saleem Khan, Meeran Haider, Abdul Khalid Saifi, and Shadab Khan. In a separate order, another bench rejected the bail plea of Tasleem Ahmed. 

PUCL emphasized that these activists have already spent over five years in prison without a fair trial, while the police have failed to produce substantive evidence. It warned that such orders effectively criminalize dissent and represent one of the darkest moments for the Indian judiciary.

The statement recalled that proceedings related to Umar Khalid’s bail have passed through multiple benches in the sessions court, the Delhi High Court, and the Supreme Court, involving more than ten judges, but with the same outcome—continued incarceration. 

PUCL compared the case to earlier tragedies such as the death of Father Stan Swamy in custody, the release of Professor G.N. Saibaba after years of suffering, and the posthumous acquittal of Kamal Ahmed Ansari in the 2006 Mumbai train blasts case. These instances, it said, highlight how the judicial process itself has become punishment.

Since Umar Khalid’s arrest in September 2020, India has seen six Chief Justices of India, yet his bail plea remains unresolved. PUCL warned that such miscarriages of justice erode faith in the judiciary at a time when the legislature and executive are also enacting laws contrary to constitutional principles. 

The organization called on the Delhi High Court and the Supreme Court to urgently review the matter and ensure that the undertrials are either granted a time-bound, free and fair trial or released immediately in the absence of credible evidence. Anything less, it said, would be a betrayal of the Constitution, the rule of law, and the people’s trust in democracy.