Families criticise selective bail practices for imprisoned CAA-NRC activists

This month, as Umar Khalid completed four years of imprisonment, his family and the families of other activists arrested in connection with the Citizenship Amendment Act (CAA) and National Register of Citizens (NRC) protests gathered to demand their immediate release.

The gathering spotlighted concerns over the selective application of the principle that "bail is the rule, jail is the exception," despite recent Supreme Court directives on bail.

The public meeting, organised by the Association for Protection of Civil Rights (ACPR) in New Delhi, saw the participation of prominent figures including Congress leader Digvijaya Singh, Communist Party of India (Marxist-Leninist) Liberation General Secretary Dipankar Bhattacharya, Supreme Court advocate Shahrukh Alam, journalists Hartosh Singh Bal and Kunal Kamra, and actor Swara Bhasker.

Families of several political prisoners, including Khalid, Gulfisha Fatima, Meeran Haider, Khalid Saifi, and Athar Khan, were present, highlighting the prolonged detention of these activists without trial or bail. The demonstrators voiced frustration over the lack of progress in their legal battles, underscoring their belief that the principle of granting bail as a rule is not being upheld consistently.

Khalid’s father, S.Q.R. Ilyas, expressed deep scepticism about the judicial process, particularly criticising the close connections between the judiciary and the executive, which he believes undermine the independence of the judicial system.

He raised concerns about why police officials are not held accountable when individuals are found innocent and urged scrutiny not only of the judiciary and government but also of the opposition.

The years of detention and the perceived lack of progress in the legal cases of those involved in the protests were also highlighted by the families. Farzana Yasmeen, Meeran Haider’s sister, spoke of the family’s distress over Haider’s continued imprisonment while noting his resolve to remain content with his stance for justice.

Haider and other activists have been charged under the Unlawful Activities (Prevention) Act (UAPA) and various sections of the Indian Penal Code (IPC) in connection with the larger conspiracy case related to the Delhi riots.

Haider, arrested in February 2020, recently withdrew his bail application from the Delhi High Court and plans to approach a trial court. The lack of hearings, despite repeated court dates, was a point of contention for Athar Khan’s mother, Noor Jehan, who lamented the lengthy delays and the perceived inconsistency in applying the Supreme Court’s recent pronouncements on bail.

Nargis Saifi, Khalid Saifi’s wife, highlighted the disparity in bail practices, noting that while her husband remains imprisoned, individuals charged with more serious crimes like rape and corruption are granted bail. She called for greater solidarity and questioned the level of support from the broader protest community.

The meeting also touched on broader issues concerning the legitimacy and treatment of protests. Advocate Shahrukh Alam raised questions about the definition of protests as either a form of national catharsis or a terror conspiracy, urging for a clearer distinction to be made by the courts. Alam criticised the use of UAPA against protesters and questioned why political allies of the Muslim community often avoid directly addressing their plight.

Congress leader Digvijaya Singh, who described his background as coming from an RSS stronghold, expressed concerns about the ideological infiltration of various sectors, including the judiciary and bureaucracy.

He criticised the RSS for its stance against democracy and the Constitution, accusing it of using its influence to undermine democratic institutions. Singh also criticised the current government's approach, referring to it as a form of "bulldozer justice" that targets not only individuals but also the Constitution itself.