Bail Denial to Umar Khalid Big Blow to Right to Peaceful Protest: Amnesty India

Umar Khalid.

(Photo: Altered by The Quint)

Amnesty International India's Chair of Board Aakar Patel, on Thursday, 24 March, termed the repeated denial of bail to Umar Khalid "a huge blow to everyone exercising their rights to freedom of expression and peaceful assembly in the country."

Earlier in the day, a Delhi court had rejected the bail plea of activist Umar Khalid.

"Umar's continued detention for over 18 months comes against the backdrop of a rapidly shrinking space for critical voices and sets a chilling precedent for anyone whose views the authorities disagree with," he said.

"Khalid's continued detention under UAPA runs absolutely counter to the international human rights law and standards. Amnesty International India calls on the Indian authorities to immediately and unconditionally release Khalid and all other human rights defenders arbitrarily detained solely for expressing their opposition and peacefully protesting against the CAA," he added.

The order by Additional Sessions Judge Amitabh Rawat comes after the court deferred the pronouncement of order on Umar Khalid's bail plea thrice – first on 14 March, then on 21 March, and finally on 23 March.

Khalid, an activist and a former Jawaharlal Nehru University (JNU) student, was arrested on 14 September 2020 in connection with the case. He has been charged under the stringent Unlawful Activities (Prevention) Act (UAPA) as well as other sections of the Indian Penal Code (IPC).

Background

Communal clashes were reported in Northeast Delhi as protests had intensified against the Citizenship (Amendment) Act (CAA) in the national capital in February 2020.

Eighteen people have been named accused in this case, but only six have received bail so far. Of the six who have got bail, only Ishrat Jahan has been granted the same by a sessions court. Five others – Faizan Khan, Safoora Zargar, Asif Iqbal Tanha, Natasha Narwal, and Devangana Kalita – had to go up to the Delhi High Court before they were granted any relief.

Khalid's counsel had opposed the UAPA charges in the court and had reportedly said that his speech in Amravati was about MK Gandhi, harmony, and the Constitution, which was not a crime.