Concerned citizens urge CJI to uphold liberty of Umar Khalid, Sharjeel Imam

By A Representative 

A group of concerned citizens, including writers, academics, filmmakers, activists and public figures, has appealed to the Chief Justice of India to intervene in the continued incarceration of activist Umar Khalid and former JNU scholar Sharjeel Imam, who have been in custody as undertrial prisoners in the 2020 Delhi riots conspiracy case.

In an open letter addressed to the Chief Justice of India, the signatories expressed concern over the prolonged use of the Unlawful Activities (Prevention) Act (UAPA), arguing that extended pre-trial detention must be weighed against an accused person's fundamental right to liberty and a speedy trial.

The letter recalls the Supreme Court's 2021 judgment in K.A. Najeeb, in which the court held that constitutional courts retain the power to grant bail even under stringent UAPA provisions when prolonged incarceration infringes an accused person's right to a speedy trial under Article 21. The signatories quoted the judgment as stating that “the rigours of such provisions will melt down” where there is no likelihood of a trial being completed within a reasonable time and the period of incarceration has become substantial.

The letter notes that the Chief Justice was himself part of the three-judge bench that delivered the K.A. Najeeb ruling. It argues that the principle laid down in that judgment is particularly relevant to Khalid and Imam, who, according to the letter, have remained incarcerated for six years while the prosecution has approximately 900 witnesses and their trial has not yet begun.

The signatories also refer to a May 18, 2026 Supreme Court judgment in Syed Iftikhar Andrabi v. National Investigation Agency. According to the letter, that judgment criticised aspects of an earlier January 2026 ruling that had denied bail and prevented the accused from applying for bail for another year. The letter highlights the later bench's observation that smaller benches are bound by decisions of larger benches and, where they disagree, should refer the matter to a larger bench.

The open letter says the matter has since been referred to a larger bench to consider broader questions involving liberty and national security, but argues that Khalid and Imam remain incarcerated while those issues are being considered.

Calling for the Chief Justice's intervention, the signatories describe the continued detention as a “travesty of justice” and warn that prolonged pre-trial incarceration could undermine constitutional protections and the principle that bail should ordinarily be the rule.

The letter concludes with an appeal to protect democratic dissent and constitutional liberty, stating: “It is dissent that breathes democracy into a republic.”

Among those listed as signatories are author Arundhati Roy, writer Amitav Ghosh, actor and filmmaker Prakash Raj, historian Ramachandra Guha, filmmaker Anand Patwardhan, MPs Manoj Kumar Jha and Raja Ram Singh, activist Aruna Roy, academic Yogendra Yadav, journalist Rana Ayyub, economist Jayati Ghosh, actor Swara Bhasker and several other writers, academics, activists and citizens.