New Delhi: When Dipankar Bhattacharya, CPI (ML)’s national general secretary, called political prisoners the true heroes in the struggle for democracy on Tuesday in Delhi, he pointed out the handful of people with the courage to stand up in the world’s largest democracy. While it is true that all the political prisoners, who are charged under the Unlawful Activities Prevention Act (UAPA), whether for CAA-NRC related protests, Bhima-Koregaon violence cases, or IPS officer Sanjiv Bhatt, are heroes in New India, few others are outside and raising their voices for them, like actor Swara Bhaskar and stand-up comedian Kunal Kamra. Both remain targets of right-wing trolls and face attacks from governments, their films and shows being canceled, but their voices are becoming stronger, especially Swara’s.

The two concerned citizens—Swara and Kunal—spoke their hearts out on the (in)justices of the judiciary and the (non) policing of Indian police at the Association for Protection of Civil Rights (APCR)’s public conference ‘Curtailed Freedoms: A Travesty of Justice,’ demanding the release of political prisoners who have been incarcerated for more than four years for protesting against the draconian Citizenship Amendment Act, 2019.

Personal Accounts and Injustices Highlighted by Families of Incarcerated Activists

Several Muslim student leaders and activists were arrested in the aftermath of these demonstrations, allegedly in connection with the Northeast Delhi riots of February 2020. Eighteen prominent individuals involved in the protests were charged under the UAPA in what has been widely observed as a targeted crackdown on protests.

On Tuesday, activists, leaders, and concerned citizens came together to mark four years since the imprisonment of student leader Dr Umar Khalid, demanding an end to his unlawful incarceration.

Swara Bhaskar’s Fiery Critique of Indian Judiciary

The Supreme Court of India in August 2024 said, “When a case is made out for a grant of bail, the courts should not have any hesitation in granting bail. The allegations of the prosecution may be very serious. But the courts must consider the case for granting bail by the law. Bail is the rule, and jail is an exception is a settled law.”

The only individual’s case from FIR 59/2020 to have reached the Supreme Court after being adjudicated and denied bail by the Delhi High Court is Umar Khalid. His bail application was not heard 12 times throughout 2023 and 2024. Khalid ultimately withdrew his application. A Delhi High Court judge recently recused from hearing his fresh bail plea.

In her 19-minute long speech, Swara minced no words and spoke her mind on the present-day judiciary in India: “Ordinary citizens are afraid of jail, of being beaten up—Muslims, Dalits, the poor—they get beaten up anywhere in this country. People like us worry about losing work and having films or comedy shows shut down. But what are you afraid of? By the time you reach the High Courts and Supreme Court, you’re 50 or 60, your children are settled and educated in good universities, maybe even abroad. So, what do you still want? A governor’s post? A Rajya Sabha seat? You have so much, and yet, you’re not able to simply do your job.”

She continued: “Four years is a long time. Umar was arrested in 2020, and since then, we’ve seen waves of COVID come and go, yet his bail hasn’t been heard. In this time, I met my husband, we fell in love, got married, and had a daughter who’s now one. While our families have accepted us, the justice system still hasn’t. So much has changed, yet they remain imprisoned.”

She went on: “A few months ago, Umar’s bail hearing was set, but the judge recused himself, claiming he wasn’t capable of handling the case. Judges, who live comfortably with perks funded by taxpayers, must fulfill their responsibilities. Recusing from such cases feels like a betrayal to the citizens, especially when their role demands that they read the case, consult the law, and make decisions.

“The citizens of our country have been let down by many institutions entrusted with power through our democratic system, but none have failed us as profoundly as the judiciary. It’s a crying shame,” she added.

Kunal Kamra’s Hard-Hitting Address on Policing

Comedian Kunal Kamra said, “I’m here because I’m Hindu. If I were Muslim, I’d just be in a photo. That’s the truth, and I realized this back in 2016 when I had been doing comedy for a few years.” He continued by criticizing Indian policing, questioning whether the police ever actually perform their duties or simply report crimes. “If there was a conspiracy, where were you then?” he questioned.

Kunal, citing examples of his shows being canceled, narrated how the Indian police are failing in their duties. He recounted an incident in Gujarat where someone threatened to blow up the auditorium on social media. Despite receiving calls from both the hall management and the police to cancel the show, no one contacted the person who made the threat. In contrast, he noted that in the US, the police would have apprehended the individual within half an hour, and such threats would be unlikely to occur.

Besides hailing political prisoners as heroes, Dipankar condemned the judiciary for delaying hearings and denying bail, even when rulings are clear. The ML leader highlighted how communal violence in India frequently targets Muslims and drew attention to the misuse of draconian laws like TADA, which led to many wrongful imprisonments and deaths.

He compared the conditions in India, especially regarding political prisoners, to the oppressive situation in Gaza, criticizing the erosion of judicial independence due to political interference.

Personal Accounts of Incarcerated Activists and Their Families’ Struggles

Nargis Saifi, wife of incarcerated activist Khalid Saifi, opened the conference with a reflection on the justice system’s inconsistencies. She pointed out a recent court order stating that “bail is the rule, and jail is the exception,” questioning who the rule truly applies to. “It seems that the rule is only for those whom the system favours, like Kejriwal and Manish Sisodia. It was easy to send them to jail, and equally easy to secure their release. But no one is willing to listen to people like us whose trials haven’t progressed in over four years. Judges and courts keep changing whenever it’s time for a bail hearing. It feels like an endless wait,” she remarked.

Khalid Saifi was arrested in February 2020. His wife, who never stepped out of home alone, is relentlessly fighting for her husband’s freedom.

Agreeing with Nargis Saifi, Umar Khalid’s father, Syed Qasim Rasool Ilyas, voiced his deep frustration with the legal system and its selective application of laws. He highlighted how draconian laws like UAPA are being misused to trap ordinary citizens in endless legal battles, pointing to the repeated delays in Umar Khalid’s bail hearing. “Instead of the prosecution proving guilt, the accused have to prove their innocence under UAPA. This flips the entire justice system on its head,” he remarked. Ilyas also criticized the way fabricated cases under such laws keep individuals in jail for years without any progress in trials, even when the charges lack merit.

Shakra Begum, the mother of Gulfisha Fatima, conveyed her pain in just a few words. She shared how her daughter, who had pursued education to make something of herself, was imprisoned for simply raising her voice. With a heavy heart, she expressed, “I have full faith in the judiciary that we will get justice, but this is not right. We were illiterate. These are the consequences of educating our children. It would have been better if we had let them remain uneducated.”

She added, “Mujhe himmat nahi hai bolne ki, wahi bolti thi. Yeh kya ho gaya hai.” (I do not dare to speak; she was the one who spoke up. What has this come to?)

MBA graduate and activist Fatima wrote many notes, crafts, and poetry in letters to her friend. She has been languishing in jail since April 2020.

Supreme Court Senior Advocate Shahrukh Alam highlighted how laws like the UAPA disproportionately affect Muslims, with their names often singled out in the media and court cases. She pointed out the reluctance of political allies and civil society to directly address the discrimination faced by Muslims. Alam also criticized the selective labeling of protests, where some are seen as acts of national catharsis, while others are branded as terrorist conspiracies, questioning the criteria behind such distinctions.

Rajya Sabha MP Digvijay Singh said, “We have faith in the Constitution, but just as Hitler targeted the Jews, they have targeted Muslims from the very beginning. Anyone who speaks in favour of Muslims is labelled anti-national. This mindset is at the root of all these problems and remains a significant danger before us. The way this ideology has infiltrated every level and every field is a threat to our democracy and our Constitution. Their mask is on every face. How many of you know that the Rashtriya Swayamsevak Sangh (RSS) is an unregistered body? It has no registration, no membership, and no accounts. If someone is caught, they claim he isn’t a member. How can he be a member when there’s no membership? The same was said when Nathuram Godse was caught—he wasn’t their member. The issue is the same. This fight is long, and the way they have infiltrated every system, whether it’s the Intelligence Bureau, UPSC, judiciary, or All India Services, needs serious discussion.”

The Caravan Magazine Editor Hartosh Singh Bal said that these issues did not begin in 2014, recalling the 1984 Sikh massacre. He pointed out how Congress rewarded the policemen involved with promotions because they saw aligning with the government as its advantage. Muslim elite leaders of the Congress Party remained silent for 60-70 years in Uttar Pradesh. He questioned why it took the BJP’s rise to power for these leaders to realize the need for change. He further noted that while the Congress has now started addressing Sikhs by name, they have yet to explicitly mention ‘Muslims’ in their discourse.

Satirist Sanjay Rajoura voiced his deep disappointment over the imprisonment of intellectuals in India. He argued that if justice had been served after the 1984 Sikh riots, the violence in Gujarat in 2002 could have been avoided.

Farzana Yasmeen, sister of Meeran Haider, reflected on her brother’s five years of imprisonment, stating that he is behind bars because he stood up for the people’s rights. She shared how Meeran always found joy in the unity of those who raised their voices for his freedom.

Student leader and RJD Youth President of Delhi Meeran Haider was arrested in April 2020. His party has yet to take a stand for him.

Noorjahan, the mother of Athar Khan, described her son’s four-year struggle in jail, noting the 62 hearings in the High Court, all resulting in rejection. She expressed frustration over being denied video calls with Athar, who was unjustly punished for a hunger strike he never participated in. Noorjahan questioned whether the police officials who charged her son under UAPA would ever be held accountable.

Young Athar Khan was also arrested from Chand Bagh by Delhi police in July 2020. Besides him, Mohammad Saleem Khan, Shifa Ur Rehman, Shadab Ahmed, and Sharjeel Imam are also in jail in the same case.

The February 2020 Northeast Delhi riots had left 53 people dead and 581 injured. The Delhi Police had arrested 2,619 people in connection with the riots. Of these, 2,094 are currently out on bail, and 172 remain lodged in jail.