Former Chief Justice of the Delhi High Court Justice (Rtd.) A.P. Shah, speaking at a lecture series organised by the Goa High Court Bar Association, criticised the prolonged incarceration of Umar Khalid while his trial under the UAPA is pending. Calling Khalid a "political dissenter," Justice Shah said that while some of the worst offenders, including violent murderers, are granted bail or remissions quickly, political dissenters like Khalid continue to languish behind bars.
In his speech on the topic of "Guardians of the Republic: The Judiciary’s Role in Protecting Civil Liberties.", Justice (Retd.) A.P. Shah raised the issue of Umar Khalid’s prolonged incarceration while his trial under the UAPA is pending. Justice Shah stated that "an important principle in criminal law is that 'bail is the rule, jail is the exception.' Today, that rule has been largely inverted through special laws such as the Unlawful Activities (Prevention) Act and the Prevention of Money Laundering Act. The state has created statutory bars that have effectively ensured that incarceration itself becomes the punishment."
" One of the most publicized detentions has been that of Umar Khalid. He has been an undertrial for seven years. While some of the worst offenders, including violent murderers, are granted bail or remissions with remarkable speed — there is even a godman in North India who receives remission and is out of jail at every election or important event — political dissenters like Khalid languish behind bars," he said.
He added that "there are some glimpses of hope. A bench of Justice Nagarathna and Justice Bhuyan recently reaffirmed that the judiciary's core duty is to protect personal liberty, and that bail is indeed the rule and jail the exception, even under the UAPA. They also expressed reservations about the verdict of another bench denying bail to Khalid and Sharjeel Imam, observing that it appeared to dilute the binding precedent laid down by a larger bench."
