File picture of Umar Khalid.
| Photo Credit: Emmanual Yogini
A group of concerned citizens, including writers, academics, filmmakers, activists and public figures, has written an open letter to the Chief Justice of India, urging him to intervene in the continued incarceration of activists Umar Khalid and Sharjeel Imam.
The two, accused in a larger conspiracy case related to the 2020 North-East Delhi riots, have been in custody for nearly six years.
“As Indian citizens, we have been deeply concerned about the life and liberty of those against whom special laws like the Unlawful Activities (Prevention) Act have been unjustly invoked, simply to keep them behind bars for inordinate lengths of time,” the letter, undersigned by more than 100 people, including Arundhati Roy, Amitav Ghosh, Prakash Raj, Ramachandra Guha, Yogendra Yadav, Rana Ayyub, Swara Bhasker and Jayati Ghosh, said.
The signatories, who wrote to CJI on the eve of India’s 80th Independence day, invoked the Supreme Court’s 2021 judgment in K.A. Najeeb, which held that prolonged incarceration can violate an accused person’s fundamental right to a speedy trial under Article 21 of the Constitution. The judgment emphasised that stringent bail provisions under the Unlawful Activities (Prevention) Act (UAPA) cannot justify indefinite detention when there is no likelihood of the trial concluding within a reasonable period.
The signatories also pointed out to the CJI’s recent lecture in Sweden in which he himself referred to the K.A. Najeeb judgment and highlighted the Supreme Court’s power to grant bail where prolonged incarceration infringes the right to a speedy trial. They also noted that the CJI was also the part of the three-judge bench that delivered the landmark ruling.
Drawing comparison between Mr. Khalid and Mr. Imam’s case case and K.A. Najeeb, the signatories said that the prosecution in the Delhi riots larger conspiracy case has arraigned approximately 900 witnesses, compared with 276 prosecution witnesses in K.A. Najeeb. They highlighted that the trial in the present case has not yet begun, despite the two continuing to remain incarcerated as undertrial prisoners.
“Their bail applications have been repeatedly rejected by different courts, including by a two-judge Supreme Court bench in January 2026,” the letter read.
The signatories also referred to the Supreme Court’s May 18, 2026 judgment in Syed Iftikhar Andrabi v. National Investigation Agency, which, according to the letter, criticised the January ruling in Gulfisha Fatima v. State for denying bail and also preventing another bail application for a year. The judgment emphasised that smaller Benches must follow the law laid down by larger Benches, including the three-judge ruling in K.A. Najeeb.
The letter said the matter has since been referred to a larger Bench to consider issues including liberty and national security, while Mr. Khalid and Mr. Imam remain behind bars.
“We urge your intervention to reverse this travesty of justice unfolding before our eyes,” the letter said, warning against the use of UAPA to silence critics and dissidents. It urged the CJI to ensure that “bail is the rule, jail an exception” is followed consistently, arguing that after years of incarceration, even a subsequent acquittal cannot restore the lost years of liberty.
Published – August 14, 2026 11:53 pm IST
