Prolonged Detention Without Trial Converts Legal Process into Punishment: JIH on Umar Khalid, Sharjeel Imam Bail Rejection

New Delhi: The Vice-President of Jamaat-e-Islami Hind (JIH), Malik Moatasim Khan, has expressed grave concern over a Delhi trial court’s rejection of fresh bail applications filed by Sharjeel Imam and Umar Khalid.

In a statement to the media, Malik Moatasim Khan said, “We express deep concern over the rejection of fresh bail applications of Sharjeel Imam and Umar Khalid by a Delhi trial court. Their continued incarceration for nearly six years without the commencement of a full-fledged trial raises serious constitutional concerns. The right to life and personal liberty guaranteed under Article 21 of the Constitution includes the right to a speedy trial. Such prolonged pre-trial detention converts the legal process itself into a punishment, thereby undermining this fundamental constitutional guarantee.”

“It is also perplexing that five co-accused have already been granted bail by the Supreme Court despite facing charges under the same statutory framework. While the Supreme Court earlier observed that the prosecution’s material placed Umar Khalid and Sharjeel Imam on a ‘qualitatively different footing’—and that the statutory bar under Section 43D(5) of the UAPA continued to apply to them—the trial court considered itself bound by that finding and declined to revisit it. However, this raises a larger question regarding the settled constitutional principle that ‘bail is the rule and jail is the exception.’ This principle has been repeatedly upheld by the apex court and must continue to guide judicial consideration, even under special statutes where trials remain protracted,” he added.

Khan further emphasized, “Jamaat-e-Islami Hind has consistently maintained that the criminal justice system must uphold the principles of fairness, due process, equality before the law, and speedy justice for every individual. The interpretation of the stringent bail provisions under the UAPA, and their relationship with the constitutional guarantee of personal liberty, have been referred by the Supreme Court to a larger Bench. We urge the larger Bench of the Supreme Court to hear and decide these pending constitutional questions at the earliest so that much-needed clarity is brought to this important area of law. We also urge the concerned courts and the prosecution to ensure that the trial proceeds expeditiously. Constitutional liberties form the foundation of our republic, and any dilution weakens our adherence to democratic principles.”

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