Dissenters like Umar Khalid jailed, killers walk free: Ex-Delhi HC judge

Former Delhi High Court Chief Justice AP Shah has voiced strong concerns over the judiciary's handling of civil liberties and the prolonged detention of activists. Speaking at an event in Goa, Shah specifically cited the case of Umar Khalid, an accused in the 2020 Delhi riots, who remains incarcerated despite alleged delays in his trial.

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while there are definitely some independent minded judges all over India, we should be worried that this number is shrinking by the day.

Shah expressed worry about a diminishing number of independent judges across India. He contrasted Khalid's situation with that of "violent murderers" who he claims are granted bail or remissions with "remarkable skill." The former justice also flagged the judiciary's shortcomings in protecting free speech, preventing extrajudicial demolitions, and prosecuting students involved in protests.

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One of the most publicised detentions has been that of Umar Khalid. He has been under trial for seven years while some of the worst kind of offenders including violent murderers are granted bail or remissions with remarkable skill, including one godman from north India, but political dissenters like Khalid languish behind bars.

"Surely the best way to counter criticism is not to shut it down, but to engage and respond to the speaker," Shah stated, lamenting that this seems to have been forgotten by the country's authorities. He observed that activists, dissenters, and political cartoonists face harassment through various laws and tools, while critical media houses are subjected to tax cases and financial scrutiny.

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Surely the best way to counter criticism is not to shut it down, but to engage and respond to the speaker, but this seems to have been forgotten by the powers that be in the country today.

Furthermore, Shah criticized the Supreme Court's perceived failure to enforce its own orders, particularly concerning bulldozer demolitions. He described the bulldozer as a "symbol of power wielded without sanction and authority," noting that such actions disproportionately affect minority communities, with 89% of homes demolished in 2022 and 2023 belonging to Muslims, Scheduled Tribes, Scheduled Castes, or Other Backward Classes.

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Unfortunately, today all kinds of laws and tools are being used against activists, dissenters, political cartoonists to silence and harass them.