'They Want To Send A Message: If You Question Us, This Will Be Your Fate'

'In spite of all these days behind the bars, none of those who have been arrested is repenting their decision to stand against the injustice of this government.'

A Delhi court on May 28 quashed the intellectual and activist Dr Umar Khalid's bail plea. This is the third time, since 2021, when Dr Khalid's -- who has been charged in the 2020 Delhi riots case under the draconian UAPA -- bail has been rejected.

"Given his spirit and strong belief in the judiciary and India's justice system, he remains in good spirits," Dr Khalid's father Syed Qasim Rasool Ilyas, who is also the founder of the National Welfare Party, tells Prasanna D Zore/Rediff.com.

Why couldn't Umar Khalid get bail this time? What happened in the court on May 28?

There is no reason why Umar Khalid should not have got bail. All the charges against Umar Khalid are vague, concocted, fake and fabricated. In spite of that, he is not getting bail.

If you go through the entire chargesheet, you will find it is full of lies. Even the (trial) case has not yet started three-and-a-half years after his arrest. Even charges have not been framed.

Unfortunately in UAPA (the Unlawful Activities and Prevention Act), even for bail, you have to prove that you are not guilty. That the charges against you are false but you have to prove it (Unlike other laws where the prosecution, not the one who is defending, has to prove the criminality of those arrested and put on trial).

The police don't have to prove (the charges); on the contrary, you have to prove it.

Previously (in earlier instances when Dr Umar Khalid's lawyers applied for bail) his lawyer argued in the lower court for one-and-a-half years (but couldn't get bail for him).

Finally, the (lower) court gave its one line judgment that prima facie there is a case, so he cannot get bail.

The same was the fate in the Delhi high court where the trial lasted for five-six months and after the trial the court reserved the judgement and after another nine months they declared the judgment that prima facie there is a case (against Umar Khalid) and they cannot grant bail.

In the Supreme Court we have waited for nine months and there were 14 adjournments and always the matter was referred to one similar bench. So we thought that it was wiser to go back and again try (for bail) from the lower court and high court.

Finally, we have tried in the lower court and the lower court denied bail to Umar Khalid.

Nobody knows the reasons why he was denied bail.

How is Umar Khalid's spirit in jail? It is almost four years now.

He will complete four years in September. He is fine. He was having some problems with his tooth but that has been cured now. For everything, they (those who are in jail) have to bring the matter to the court.

Once the court gives permission, they are taken for treatment.

Given his spirit and strong belief in the judiciary and India's justice system, wherever he is, he remains happy and in good spirits.

How does he keep himself busy? Do you often talk to him? And what do you talk about?

Actually we used to talk to him on video call every week. He always tells us not to worry, and that he is alright.

Generally, we just talk about different family matters and whatever is going on in our lives.

He purchases and reads three newspapers every day so he knows what is happening around. He has been provided with one TV, which only airs Doordarshan. There are no other news channels. Anyways, he is very well informed about the developments happening in India and the world.

He has finished reading more than 100 books, which is what he is used to doing to keep himself busy.

Many of these books are by prominent writers and relate to global and Indian political developments, protection of human rights, books that offer insights into India's Constitution. We get these books and send it to him.

How are you and his mother coping with Umar Khalid's absence for almost four years now? Tell us about the spirit of the family.

(Our) family is very much disturbed because one prominent member of the family is inside the jail and he has almost lost four precious years of his life. He's a very qualified young man who holds a doctorate (his PhD thesis was titled Contesting Claims And Contingencies Of The Rule On Adivasis Of Jharkhand) and has a very bright future ahead of him.

Since last four years, without any fault of his, he is behind the bars. So we are definitely disturbed.

My wife and I, both are activists, so we now that the present (political) atmosphere is responsible (for his unusually long jail term), for what is happening. Whoever is challenging the government, whoever is questioning the government, are meeting the same fate.

We all know what happened with the Bhima-Koregaon 16 (those who were implicated by the Maharashtra police and jailed for years), many activists and journalists as we as political leaders who this government thinks are changing them, have all been put behind bars.

Does Umar Khalid ever feel that he is being targeted because he is a Muslim?

This is also one of the reasons he has been targeted because he is a Muslim, but the climate and atmosphere in India today is such that whoever questions the government, whether he is Muslim or non-Muslim, are all being put in jail.

Teesta Setalvad, the Bhima Koregaon-16, have all been put behind bars because they pose a lot of inconvenience to those in power today.

So being a Muslim is not the only reason why he has been targeted.

This is an anti-people government and whoever they arrested for opposing the CAA (Citizenship [Amendment] Act which allows for citizenship to non-Muslims from India's neighbouring countries on the basis of their religion), this government thought that they will buckle under fear.

But these student leaders, community leaders stood strong and stood their ground, which made this government viler. They could not digest the fact that ordinary citizens of India were challenging the CAA in the streets across India and most of these were students and community leaders.

They wanted to send a message to these protestors that if you question us, if you challenge us, this will be your fate.

I want to make it clear that in spite of all these days behind the bars, none of those who have been arrested have lost their faith. None of them is frustrated. None of them is repenting their decision to stand against the injustice of this government.

All I have tell this government is that even when we (the student leaders who have been arrested for their protests against the CAA) come out, that is in case we come out, we will definitely again challenge the government on these very issues, on the unjust and inhuman laws this government has enacted affecting the marginalised and oppressed Indian citizens.

They'll continue to question the government on such issues. Nobody has lost the faith. Nobody.

Nobody is saying 'No, no, no, we should get away from opposing the Narendra Modi government's unjust laws against the marginalised sections, farmers, tribals, etc'. That in a nutshell explains their spirit.