Jamaat-e-Islami Hind Vice President Malik Motsim Khan on Monday (January 5, 2026) expressed disappointment over the Supreme Court’s decision not to grant bail to Umar Khalid and Sharjeel Imam in the case of an alleged major conspiracy related to the 2020 Delhi riots.
He said that keeping both scholars and activists in jail for more than five years without a trial conclusion raises serious constitutional, legal and moral questions about the state of individual liberty and legal process in the country.
Jamaat-e-Islami Hind issued statement
Jamaat’s vice president issued a statement in this regard and said, ‘Prolonged detention without trial is actually like punishment, which is contrary to the basic principle of Article 21 of the Constitution. The liberty of a person for which the accused are not responsible cannot depend on the delays of the system. When delay becomes the basis for denying bail, the burden of a failing criminal justice system is unfairly shifted from the state to individuals, thereby hollowing out the constitutional guarantee of the right to life and personal liberty.’
Khan said, ‘By applying Section 43D (5) of the Unlawful Activities (Prevention) Act (UAPA) at the bail stage, the distinction between bail and trial has become blurred. Relying on unexamined prosecution material to cancel bail undermines the presumption of innocence and turns the bail hearing into a mini-trial without the protection of cross-examination and full verdict.’
He warned that this approach risks making pre-trial detention the norm rather than the exception. He also expressed concern over the different outcomes in similar cases, where five co-accused have been granted bail, while Khalid and Imam are still in jail.
Vice President of Jamaat speaks on bail given to 5 other accused
Acknowledging the relief granted to other accused in the case, the Jamaat vice president said the specific relief raises concerns about arbitrariness and equality before law. Freedom cannot depend on inconsistent applications of principles, especially when all the accused have been in custody for long periods. Describing its major impact on democracy, he cautioned that cases which are mostly based on statements, gathering of people and protests have a negative impact on dissent.
He said expanding the scope of terrorism laws to include political statements and protests sets a dangerous precedent that threatens democratic participation and the constitutional right to dissent. National security is undoubtedly important, but it cannot be used as a blanket excuse to curtail civil liberties or suspend constitutional safeguards.
Hearing should be done soon with strict deadline – Vice President
He called for speedy trials with strict timelines, periodic judicial review of continued detention and a serious re-examination of those provisions of the UAPA, which are contrary to the basic principle of the bail rule and the jail exception.
The Jamaat vice-president also said that prolonged detention without trial is against India’s obligations under international human rights law, including international covenants on civil and political rights, which ensure that pre-trial detention should be the exception, not the rule. He said continued detention without timely trial undermines India’s credibility as a constitutional democracy committed to the rule of law.
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