Over 100 citizens urge CJI to intervene in prolonged detention of Umar Khalid and Sharjeel Imam
A group of over 100 writers, academics, filmmakers, activists, and public figures has written an open letter to the Chief Justice of India, requesting his intervention in the continued incarceration of former JNU students Umar Khalid and Sharjeel Imam. Both are accused in a larger conspiracy case connected to the February 2020 North-East Delhi riots and have been in custody for nearly six years.
The letter, signed among others by author Arundhati Roy, historian Ramachandra Guha, filmmaker Prakash Raj, and economist Jayati Ghosh, expresses deep concern over the use of special laws such as the Unlawful Activities (Prevention) Act (UAPA) to keep individuals behind bars for extended periods. The signatories say they are worried about the life and liberty of those against whom such laws are applied.
The signatories invoke the Supreme Court's 2021 judgment in K.A. Najeeb, which held that prolonged incarceration can violate an accused person's fundamental right to a speedy trial under Article 21 of the Constitution. That judgment said that stringent bail provisions under UAPA cannot justify indefinite detention when there is no likelihood of the trial concluding within a reasonable period.
The letter notes that the Chief Justice of India, in a recent lecture in Sweden, referred to the K.A. Najeeb judgment and highlighted the Supreme Court's power to grant bail in cases where prolonged incarceration infringes the right to a speedy trial. The letter also points out that the Chief Justice was part of the three-judge bench that delivered that landmark ruling.
Drawing a comparison with the K.A. Najeeb case, the signatories state that the prosecution in the Delhi riots larger conspiracy case has listed approximately 900 witnesses, whereas K.A. Najeeb involved 276 prosecution witnesses. They point out that the trial in the present case has not yet begun, despite the two accused remaining in custody as undertrial prisoners.
The open letter mentions that bail applications by Umar Khalid and Sharjeel Imam have been repeatedly rejected by different courts, including by a two-judge Supreme Court bench in January 2026. It also refers to the Supreme Court's May 18, 2026 judgment in Syed Iftikhar Andrabi v. National Investigation Agency, which according to the signatories criticised a previous ruling in Gulfisha Fatima v. State for denying bail and also preventing another bail application for a year. That judgment emphasised that smaller benches must follow the law laid down by larger benches, including the three-judge ruling in K.A. Najeeb.
The letter says the matter has since been referred to a larger bench to consider issues including liberty and national security, while Mr. Khalid and Mr. Imam remain in jail. The signatories have urged the Chief Justice to intervene, saying they want to reverse what they describe as a travesty of justice unfolding before their eyes. They warn against the use of UAPA to silence critics and dissidents, and ask that the principle 'bail is the rule, jail an exception' be applied consistently. They argue that after years of incarceration, even a subsequent acquittal cannot restore lost years of liberty.
No response from the Chief Justice's office has been reported so far. The case continues to be a subject of legal and public debate, raising questions about the balance between national security concerns and individual liberty.
