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Four Years Without Trial: Why Is Umar Khalid Still in Jail?

Umar Khalid, a scholar and activist once celebrated for his commitment to peaceful dissent, has now become a symbol of state overreach and the erosion of civil liberties in India. But the pressing question remains: Why has a man accused without direct evidence spent nearly five years in jail without trial? And what does his continued incarceration say about the state of democracy under the Modi government?


Was Dissent Turned Into Sedition to Silence Voices Against CAA?

In 2020, India was shaken by the Citizenship Amendment Act (CAA), a law widely criticized for discriminating against Muslims. Peaceful protests broke out nationwide. In Delhi, particularly Shaheen Bagh, Muslim women led an inspiring, non-violent resistance. Then violence erupted—53 people died, mostly Muslims. But instead of investigating all sides, the state zeroed in on activists. Why did the Delhi Police and the BJP leadership target anti-CAA voices while sparing those openly instigating mobs?

Why has Kapil Mishra, who gave a public ultimatum that preceded the violence, never faced arrest or interrogation? Why are peaceful activists like Umar Khalid behind bars, while those with explicit hate speeches roam free?


The Charges: Law or Political Vendetta?

Umar Khalid was arrested under FIR 59/2020, slapped with the draconian Unlawful Activities (Prevention) Act (UAPA), and accused of inciting riots. The Delhi Police claim he was a “mastermind” using terms like "inquilab" and "revolution" to trigger violence.

But where is the evidence?

  • Are WhatsApp group memberships and coded witness statements from names like “Crypton” and “Juliet” credible grounds for labeling someone a terrorist?

  • Is using the word inquilab in a speech a crime in Modi’s India?

  • How can the police interpret metaphors in activist speeches as literal calls for bloodshed—while BJP ministers have gone on record with direct threats without consequences?


The Judiciary: Complicit or Helpless?

Despite four bail pleas in four years, Umar Khalid is still in jail. The judiciary acknowledges that “bail is the rule, jail is the exception”, yet Khalid’s trial hasn’t even started.

  • Why is India’s judicial system unable—or unwilling—to protect constitutional values?

  • Is the delay in trial a deliberate tactic to punish dissent through process rather than verdict?

  • Has the Supreme Court failed one of India’s most prominent political prisoners?


A Tale of Two Indias: Who Gets Arrested and Who Gets Protected?

The charge sheet reads like a political script—fictional, according to Khalid’s defense. While Khalid’s attendance at meetings is painted as conspiratorial, BJP leaders who spewed communal venom in public were neither questioned nor booked. This raises disturbing questions:

  • Why does the BJP government apply anti-terror laws selectively?

  • Why do activists, students, and minorities bear the brunt of UAPA while real instigators of hate enjoy immunity?

  • Is the Modi-led Home Ministry using national security as a weapon against democracy itself?


What Does This Mean for the Indian Democracy?

Khalid’s continued detention—without trial, without conviction—has drawn global outrage. Amnesty International calls it “a blow to peaceful dissent.” The US Commission on International Religious Freedom calls him a prisoner of conscience. Even the United Nations has questioned the political motivations behind these arrests.

  • Will India under BJP rule continue to suppress voices by labeling critics as criminals?

  • How long will Indian courts allow prolonged detention as a substitute for justice?

  • Why is the Modi government afraid of people like Umar Khalid, whose only weapon is speech?


Conclusion: Who Will Be Held Accountable?

As of June 2025, Umar Khalid remains in Tihar Jail. No trial. No conviction. Only accusations built on shaky evidence and hate-fueled politics.

This is not just about one man. It’s about a government that equates dissent with sedition, a police force that acts as a political tool, and a judiciary that looks on, often helplessly.

Will Narendra Modi, Amit Shah, and their administration ever answer for this democratic failure? Or will history remember Umar Khalid as a victim of India’s descent into authoritarianism?


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