A day after the Supreme Court denied bail to activists Umar Khalid and Sharjeel Imam in the 2020 North East Delhi riots case, Sharjeel’s brother Muzzammil Imam shared a Facebook post saying his older brother is “happy for those who walked out free but condemned the injustice.”
Sharjeel released a statement welcoming the release of other activists like Gulshifa Fatima, Meeran Haider, Shifa Ur Rehman, Mohd Saleem Khan and Shadab Ahmad. “I am very happy that others have been granted bail, even though I condemn the injustice meted out to them for so long. As far as we are concerned, I firmly believe that Umar and I are being punished for organising and spearheading what was probably the most important mass protest in recent Indian history. The judgment criminalises organised protests and treats disruption as a terrorist act. This further blurs the distinction between terrorist activity and democratic protest and dissent,” read his statement.
Although Sharjeel remained optimistic and hoped to continue his academics from jail, he expressed concerns about his ailing mother. “On a personal note, my only concern is the physical and mental health of my elderly mother,” said his statement.
“Apart from that, I remain optimistic about the case and that the truth will ultimately prevail. Inshallah, we will be successful,” it read.
He concluded with a couplet from Urdu poet’s Faiz Ahmed Faiz ‘Dast-e-Saba‘
“Dil na-umeed to nahin naakam hi to hai, Lambi hai gham ki shaam magar shaam hi to hai.“
Speaking to Maktoob Media, Muzzammil expressed disappointment in the Supreme Court’s order that neither Umar nor Sharjeel can apply for bail for another year. “They have been in jail for years. I was hopeful that Sharjeel would be released. This judgment is extremely disappointing for us.”
“On top of that, we cannot even apply for bail for another year. The court said this without any reason, which means it is being done deliberately. This is just farcical,” he was quoted by the online news media.
He said that this decision would not bog them down, and they will continue to fight until Umar and Sharjeel walk out as free citizens. “We will have to start from the beginning, it is tiring, but they (state) could not tire us in five years, what can probably happen now. We will start again,” Muzammil Imam told Maktoob.
Sharjeel Imam completed a dual degree in Computer Engineering from the Indian Institute of Technology Bombay (IIT-Bombay). While at IIT, he worked as a teaching assistant and later as a programmer at the IT University of Copenhagen. In 2013, he completed MA and MPhil in Modern History at Jawaharlal Nehru University (JNU) and went on to pursue a PhD at JNU’s Centre for Historical Studies.
Umar Kahlid also had a similar statement after his bail denial. He reportedly told his partner, Banojyotsna Lahiri, “this is my life now.”
“I am really happy for the others, who got bail! So relieved,” Umar said.
When she said that she would visit him tomorrow, he replied, “Good good, aa jana. Ab yahi zindagi hai (Do come. This is my life now).”
What did SC say on no bail for Umar, Sharjeel
The Supreme Court on Monday, January 5, said prosecution material suggests that activists Umar Khalid and Sharjeel Imam were involved in “planning, mobilisation and strategic direction” of the 2020 Delhi riots, as it denied them bail in the conspiracy case.
The apex court cited Section 43D (5) of the UAPA, which requires the court to deny bail if, on perusal of a case diary or chargesheet, it finds that there are reasonable grounds for believing that the accusation against such a person is prima facie true.
“This court is satisfied that the prosecution material taken at face value as required at this stage discloses a prima facie attribution of essential and formative role by the appearance in appeals… of Umar Khalid and Sharjeel Imam in the alleged conspiracy,” a bench of Justices Aravind Kumar and NV Anjaria said.
The top court said that when prosecution material prima facie discloses an offence, statutory restriction must prevail, and if not, liberty must prevail.
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