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Citizens Urge India's Top Judge on Activists' Liberty Amid Prolonged Detention

Over 100 prominent citizens have petitioned India's Chief Justice to intervene in the continued detention of activists Umar Khalid and Sharjeel Imam, citing concerns over prolonged incarceration. The activists have been held for nearly six years in connection with the 2020 Delhi riots conspiracy cas

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Key takeaways

  • Over 100 citizens, including prominent figures, have petitioned India's Chief Justice about the prolonged detention of activists Umar Khalid and Sharjeel Imam.
  • The activists have been in custody for nearly six years in connection with the 2020 Delhi riots conspiracy case.
  • The letter references Supreme Court judgments concerning the right to a speedy trial and bail under the Unlawful Activities (Prevention) Act (UAPA).
  • Signatories argue that the large number of witnesses and the ongoing delay in trial suggest indefinite detention may violate fundamental rights.
  • The petition urges the Chief Justice to ensure bail is the norm and to reverse what they call a 'travesty of justice'.

A group of over 100 concerned citizens, including writers, academics, filmmakers, activists, and public figures, has sent an open letter to India's Chief Justice. They are urging his intervention to address the prolonged detention of activists Umar Khalid and Sharjeel Imam, who have been incarcerated for almost six years.

The activists are accused in a broader conspiracy case linked to the 2020 North-East Delhi riots. The signatories expressed deep concern over the invocation of special laws like the Unlawful Activities (Prevention) Act (UAPA), suggesting it is used to keep individuals detained for extended periods without trial.

Key Facts

  • More than 100 concerned citizens, including writers, academics, filmmakers, activists, and public figures, signed an open letter to the Chief Justice of India.
  • The letter urges the Chief Justice to intervene in the continued incarceration of activists Umar Khalid and Sharjeel Imam.
  • Khalid and Imam are accused in a conspiracy case related to the 2020 North-East Delhi riots.
  • They have been in custody for nearly six years.
  • The signatories invoked the Supreme Court’s 2021 judgment in K.A. Najeeb, which stated that prolonged incarceration can violate the right to a speedy trial.
  • The letter highlights that the prosecution in the Delhi riots case has approximately 900 witnesses, compared to 276 in the K.A. Najeeb case.
  • The trial in the current case has not yet commenced.
  • Bail applications for Khalid and Imam have been repeatedly rejected by various courts, including a Supreme Court bench in January 2026.
  • The signatories referenced a May 18, 2026, Supreme Court judgment (Syed Iftikhar Andrabi v. National Investigation Agency) that reportedly criticized a previous ruling for denying bail and preventing further applications.
  • The matter has reportedly been referred to a larger bench to consider issues of liberty and national security.
  • The letter was sent to the CJI on the eve of India’s 80th Independence Day.

Background

The open letter references the Supreme Court's 2021 ruling in K.A. Najeeb, which established that prolonged detention without a trial completion within a reasonable timeframe can infringe upon an individual's fundamental right to a speedy trial, as guaranteed under Article 21 of the Constitution. The judgment indicated that stringent bail conditions under UAPA should not permit indefinite detention if a trial is unlikely to conclude soon. The signatories also drew parallels to a recent lecture by the Chief Justice of India in Sweden, where he reportedly discussed the K.A. Najeeb judgment and the Supreme Court's authority to grant bail in cases of protracted incarceration impacting the right to a speedy trial. The Chief Justice was also noted as being part of the bench that delivered the K.A. Najeeb ruling.

Furthermore, the letter refers to a Supreme Court judgment from May 18, 2026, in Syed Iftikhar Andrabi v. National Investigation Agency. This ruling, according to the letter, criticized a January decision in Gulfisha Fatima v. State for denying bail and imposing a one-year bar on future bail applications. The judgment emphasized that smaller benches must adhere to legal precedents set by larger benches, such as the three-judge ruling in K.A. Najeeb.

The signatories noted that the case has since been referred to a larger bench to examine complex issues encompassing individual liberty and national security, while Khalid and Imam remain in custody.

Sources reviewed

Project Chintan independently synthesized and analyzed information cross-checked across the sources listed above.

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