The New Indian Express ·
Why No Bail For Umar Khalid is Not Judicial Bias
The paradox of political debate is that any contrary argument produces an alternate echo chamber. Umar Khalid is today’s poster boy of woke resistance for the Congress-Left ecosystem and a big baddie for the Right. In the middle of all the noise, hangs a crucial question, not asked loudly enough. Since Khalid was arrested and jailed in September 2020, the Supreme Court has had six successive CJIs. Are all these eminent jurists ignorant of the law of bail? The court knows he has spent six years in prison and nevertheless found sufficient legal and evidentiary grounds for keeping him there.
The Supreme Court held that the period of Khalid’s judicial custody—considered alongside the nature of the allegations, prosecution material, the alleged role of the accused and the stage and complexity of the proceedings—had not reached the point where continued detention became constitutionally impermissible. The judgments explain that the prosecution material, attributed to Khalid and Sharjeel Imam, claim their “central and formative role” in planning, mobilisation, and strategic direction for rioting rather than merely localised participation—their reason for treating Khalid’s case differently from that of five co-accused who got bail. The court considered the defense’s argument based on KA Najeeb, frequently invoked to argue that prolonged incarceration can justify bail even under special statutes and held that Najeeb does not create a mechanical rule under which mere length of incarceration automatically nullifies Section 43D(5). Consecutive CJIs have considered Khalid’s case cumulatively: the chronology of meetings, mobilisation, coordinating groups, alleged directions, protected-witness statements, and the alleged progression from protest activity towards organised disruption and violence. They expressly noted that the prosecution was not relying upon a single speech, meeting or blockade, but upon an alleged course of conduct extending over a period of time. Khalid’s woke supporters are entitled to argue that his acts have been wrongly interpreted to criminalise political protest. But at the bail stage, the Supreme Court is not supposed to conduct the full trial. Questions surrounding a prisoner’s innocence belong to the trial itself.
The court is not bound to inform the public about the entire prosecution file before a court refuses bail. Judges examine material placed before them within the legal framework applicable to the proceeding. Some evidence may involve protected witnesses or matters whose disclosure at an interlocutory stage could affect the integrity of the prosecution. In contrariety, activists can argue that Section 43D(5) gives the State too much power and that Article 21 should have prevailed after Khalid spending six years in prison. But it is a different proposition to imply that there is no legitimate legal basis for rejecting his bail. The judicial position, therefore, is not: “Khalid is dangerous, therefore keep him in jail.” It is: “The prosecution material, assessed at the limited threshold applicable to bail under the UAPA, establishes a prima-facie case; Khalid’s alleged role is regarded as central rather than peripheral, making statutory restriction applicable and the extraordinary duration of custody not yet found sufficient to override that statutory bar in the circumstances of this case.” Indeed, the most uncomfortable point for Khalid’s champions is that the judicial system has not pronounced adverse orders without proper scrutiny. The case has travelled through the trial court, the High Court, and the Supreme Court. The Supreme Court has itself distinguished Khalid from his co-accused who were given bail. When Khalid’s bail application came before the trial court again in July 2026, the judge said he had no option but to follow the Supreme Court’s January ruling because there has been no substantial change in circumstances. When political and human rights crusaders begin treating the Supreme Court’s refusal to grant Khalid bail as proof that judges are biased or acting at the government’s behest, they are going beyond criticism to attack judicial legitimacy. That is not healthy for a democracy. However, the BJP’s cadre is proven to lack the subtlety of ideological argument. To loudly call youth agitators at Jantar Mantar “Umar Khalid supporters” is as stupid as saying Rahul Gandhi’s tee shirt symbolises Gen Z. The aesthetics of political agitation is missing in BJP’s street patois as Swatantra Bharadwaj becomes the face of the party’s response to youth anger at government failure, even though Dharmendra Pradhan was asked to go. Remember, the stick is always a metaphor for violence while the microphone, especially wielded by a young person, acquires the morality of sincerity.
Footnote: Why is poor Sharjeel Imam being ignored by Umar Khalid supporters? Would the English speaking, camera-positive Khalid have become such a popular liberal symbol if he publicly identified more strongly with the religious rhetoric associated with Imam? The answer is nothing less than selective liberal empathy.