The Vice President of Jamaat-e-Islami Hind (JIH), Malik Moatasim Khan, has expressed grave concern and disappointment over the Delhi High Court judgment delivered on September 2, in the 2020 Delhi riots conspiracy case.
In a statement, the JIH Vice President said, “The High Court’s dismissal of bail pleas of Umar Khalid, Sharjeel Imam, and several other activists under the Unlawful Activities (Prevention) Act (UAPA) is extremely disheartening. These young people have now spent nearly five years in jail without their trial commencing in earnest. Justice delayed in this manner amounts to justice denied. Prolonged pre-trial incarceration effectively becomes punishment by process.”
Mr. Khan highlighted that denial of bail despite prolonged incarceration effectively amounts to presumption of guilt instead of upholding the principle that bail is the norm and jail the exception. “The criminal justice system in India rests on the foundational principle of innocence until proven guilty. Unfortunately, this judgment compromises that principle,” he observed.
The JIH Vice President stated, “We are also troubled by the continued misuse of UAPA against student activists and civil society members for their participation in peaceful anti-CAA protests. Invoking a draconian anti-terror law against individuals exercising their democratic right to dissent sets a dangerous precedent. There is no recovery of weapons, no evidence linking them to violence, and the speeches cited were delivered weeks before the riots even began. WhatsApp group membership cannot be equated with conspiracy. And assertions by the prosecutor that the accused were attempting to defame India globally or divide the nation are sweeping political claims that should not overshadow the requirement of hard evidence in a court of law”.
The JIH Vice President averred, “We strongly believe that this judgment will have a chilling effect on peaceful protest and free speech, particularly impacting minority voices and student activists. The real perpetrators of the riots are still at large, while those who protested peacefully languish in prison. This is not justice. We appeal to the Supreme Court to urgently hear the matter and ensure that justice is served without further delay. We hope the higher judiciary will restore faith in democratic freedoms, hold the actual perpetrators accountable, and bring the case to its logical conclusion.”
