160 intellectuals urge release of Umar Khalid on Gandhi's death anniversary

As the student leader Umar Khalid and others arrested for protesting the Citizenship (Amendment) Act (CAA), who have been in jail after being charged under the Unlawful Activities (Prevention) Act (UAPA), complete 1,600 days in prison as of January 30, 2025, 160 prominent academics, filmmakers, actors, and activists have signed a statement demanding their release.

Amitav Ghosh, Naseeruddin Shah, Romila Thapar, Jayati Ghosh, Harsh Mander, and Christophe Jaffrelot are among 160 individuals who have signed a statement demanding the release.

The statement, released by the signatories, emphasised the significance of the date, linking it to Gandhi's principles of justice and non-violence, while expressing deep concern over Khalid’s prolonged incarceration under the Unlawful Activities (Prevention) Act (UAPA).

Highlighting Khalid's academic background and advocacy for pluralism and constitutional values, the signatories described his treatment as emblematic of a larger pattern of targeting individuals critical of the government.

The signatories alleged that Khalid had been falsely implicated in cases of incitement to violence, citing his detention as an example of misuse of anti-terror laws to suppress dissent. They also pointed to the denial of bail and judicial delays, which they described as part of a punitive system where individuals face extended detention without trial or conviction.

The statement named other activists similarly arrested in connection with the anti-CAA protests, including Gulfisha Fatima, Sharjeel Imam, Khalid Saifi, Meeran Haider, Athar Khan, and Shifa Ur Rahman, while drawing attention to the broader implications of such arrests for democratic rights.

Referring to a 2021 Delhi High Court judgement, the signatories criticised the apparent conflation of constitutionally protected protest with terrorism, asserting that the misuse of such laws undermines the principles of justice.

The signatories expressed hope for the release of Khalid and other activists, asserting their belief in their potential contributions to creating an equitable and just society. Through this appeal, they sought to highlight the need for a judicial system that upholds constitutional rights and resists authoritarian tendencies.

The statement in full is produced below.

Today, 30th of January, 2025, is the 1600th day that the historian and activist Umar Khalid has spent in Delhi’s Tihar prison. It also happens to be the 77th anniversary of the assassination of Mohandas Karmachand Gandhi at the hands of a Hindutva fanatic.

We, the undersigned, are not unaware of this synchronicity. Nor do we wish to see it pass unnoticed.

In a speech preceding his arrest Umar Khalid had asserted that the same forces that had killed Gandhi had also brought in the Citizenship (Amendment) Act (CAA), which he and many others had protested against.

He had said, “They are destroying the values of Mahatma Gandhi, and the people of India are fighting against them. If those in power want to divide India, the people of India are ready to unite the country.”

Umar and many others like him are in prison charged under the draconian Unlawful Activities (Prevention) Act (UAPA), without bail, without trial, for years at an end. Not because they motivated or instigated anybody to commit any act of violence, but because they stood in defence of peace and justice and advocated non-violent dissidence against unjust laws.

In the end, this is not just about Umar Khalid.

It pains us, for instance, to read Umar Khalid’s fellow-detenu Gulfisha Fatima’s poem – as she writes about the “silent walls” of the prison. A bright young student activist, an MBA graduate and a history enthusiast, Gulfisha is spending her fifth year in prison. Similarly, one wonders if Khalid Saifi is being “punished” simply for reciting the Preamble of India’s Constitution that speaks of secularism and equality. Sharjeel Imam, a bright scholar of history and student activist, in fact has expressed that while he did know that dissenters run the risk of arrest under this regime, he did not expect to be accused of “terrorism”, especially for riots that occurred a month after he had already been arrested. The list goes on to include Meeran Haider, Athar Khan, Shifa Ur Rahman and others. A predatory regime first brought in a law that discriminated against Muslims vis-a-vis the right to Indian citizenship, and then selectively persecuted those who raised their voices against this measure, especially if they were Muslim.

Umar Khalid was arrested on September 13, 2020, under the draconian UAPA in connection with the Delhi riots of February 2020. These riots, which caused significant loss of life and property, was a macabre episode that resulted in 53 deaths, 38 of whom were Muslims. However, instead of holding accountable those who incited and perpetuated the violence, the state has targeted activists and protestors who peacefully opposed the CAA.

Umar Khalid, known for his eloquent speeches advocating for pluralism, secularism and constitutional values, has been falsely accused in the most brazenly twisted manner of conspiring to incite violence. In one of his speeches that has been used against him, he in

fact is heard saying, “We will not respond to violence with violence. We will not respond to hate with hate. If they spread hate, we will respond to it by spreading love. If they beat us with lathis, we will hold aloft the tri-colour. If they fire bullets, then we will hold aloft the Constitution in our hands.” And yet, the authorities have gone out of their way to frame him using the most devious lies and distortions of facts.

This repeated denial of bail and prolonged incarceration without trial, in fact, is one of the most distressing aspects of Umar Khalid’s case and that of the others in this case. This is despite the fact that the High Court in 2021, while granting bail to three of the accused, had made strong observations about the arguments put forth by the state. The bench had in no unambiguous terms stated that “We are constrained to express, that it seems, that in its anxiety to suppress dissent, in the mind of the state, the line between the constitutionally guaranteed right to protest and terrorist activity seems to be getting somewhat blurred. If this mindset gains traction, it would be a sad day for democracy.” And yet, the state continues to bank on draconian laws like the UAPA that makes obtaining bail notoriously difficult. Such laws along with inordinate judicial delays have created a situation where individuals are effectively punished through prolonged detention, without any trial, without being proven guilty.

We, the undersigned, are deeply disturbed to witness how a bright and compassionate young man like Umar who is trained as a historian and nurtured as a critical thinker, has repeatedly been targeted, vilified and branded by an authoritarian regime.

We sincerely hope to see Umar and these equal citizenship activists to be free so that they may contribute towards an equal and just future.

Release Umar Khalid and all Equal Citizenship Activists