January 05, 2026: The Supreme Court today while granting bail to Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd. Saleem Khan and Shadab Ahmed, has shockingly denied bail to Umar Khalid and Sharjeel Imam holding that there is sufficient material to demonstrate a prima facie case under the Unlawful Activities (Prevention) Act, 1967, against them. The Court has “permitted” them to renew their bail applications after a year or after protected witnesses are examined, whichever is earlier!
The denial of bail to Umar Khalid and Sharjeel Imam after more than five years of detention without trial marks a blatant negation of the very idea of justice and constitutional liberty of Indian citizens. We appeal to the democratic public opinion of India to rise in rage against this brazen travesty of justice.
This is beyond a travesty of justice; indeed travesty does not begin to describe their ordeal at the hands of the “justice system”. Denying them bail, even after more than 5 years of jail without trial, confirms their specific targeting by the state, and an abject failure of the part of the Supreme Court to stand up against those unjustly incarcerated under fabricated charges by the Delhi Police. After the Delhi High Court failed by denying bail to these young activists and scholars, eyes were on the Supreme Court to stand in defence of civil liberties and the right to dissent.
In a judgment akin to the infamous emergency-time ADM Jabalpur case, where the Supreme Court capitulated to the authoritarian Indira Gandhi regime, today’s judgement reflects its failure to stand in defence of civil liberties and the right to dissent. The Supreme Court was on trial in this matter, and it has indicted itself. It now rests with the people of the country to rise up against this erosion of democratic institutions and restore the constitutional ethos in the country.
- Central Committee, CPI (ML) Liberation
