New Delhi: Jamaat-e-Islami Hind has voiced deep concern over the rejection of fresh bail applications filed by Umar Khalid and Sharjeel Imam in a Delhi trial court. The organisation said their continued imprisonment for nearly six years without the start of a full trial raises serious constitutional questions and demands urgent judicial attention.
JIH Vice-President Malik Moatasim Khan said prolonged pre-trial detention undermines the constitutional guarantee of the right to life and personal liberty under Article 21 of the Constitution. He stated that the right includes a speedy trial and argued that such lengthy incarceration turns the legal process into punishment before guilt is established.
Khan also pointed out that five co-accused in the same case have already secured bail from the Supreme Court despite facing charges under the same legal framework. He noted that the apex court had earlier observed that the prosecution’s material against Umar Khalid and Sharjeel Imam stood on a different footing, leading the trial court to decline reconsideration of the issue. Even so, he said the constitutional principle stating that bail is the rule and jail is the exception should continue guiding judicial decisions, including in cases involving special laws where trials remain delayed.
Reaffirming Jamaat-e-Islami Hind’s stand, Khan said the criminal justice system must uphold fairness, due process, equality before law and speedy justice for every individual. He urged the larger Bench of the Supreme Court to hear and decide the pending constitutional questions concerning bail under the Unlawful Activities (Prevention) Act at the earliest. He also called upon the concerned courts and prosecution to ensure the trial moves forward without further delay, stating that protecting constitutional liberties remains essential for democratic values and the rule of law.
