Former Delhi HC Judge Criticises Legal Process Over Umar Khalid Case And Convictions

Former Chief Justice of the Delhi High Court Justice A.P. Shah has expressed concern over the continued incarceration of former student leader Umar Khalid, questioning the judiciary's role in safeguarding civil liberties and drawing attention to what he described as the shrinking space for political dissent in India. Speaking at an event in Goa on Friday, Justice Shah said the prolonged detention of Khalid under the Unlawful Activities (Prevention) Act (UAPA) highlighted broader concerns about the criminal justice system. Justice Shah made the remarks during a discussion on "The Judiciary's Role in Protecting Civil Liberties", organised by the High Court Bar Association in Panaji.

Addressing lawyers and legal professionals, he said he remained concerned that while independent-minded judges continue to serve across the country, their numbers appeared to be diminishing. He stressed that the judiciary has a constitutional responsibility to act as a safeguard for fundamental rights, particularly in cases involving free speech and personal liberty. Referring to Umar Khalid, one of the accused in the 2020 Delhi riots conspiracy case, Justice Shah described his detention as one of the country's most publicised instances of prolonged incarceration under trial. He said Khalid had remained in jail for several years while awaiting the completion of legal proceedings.

According to Justice Shah, there appeared to be a contrast between the treatment of political dissenters and that of some individuals convicted or accused of serious offences who had obtained bail or remission. He argued that this disparity raised important questions about the consistent application of legal principles governing personal liberty and bail. During his address, Justice Shah also criticised what he described as shortcomings in the judiciary's response to issues affecting civil liberties. He said courts should play a more proactive role in protecting freedom of speech and ensuring that constitutional rights are upheld.

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He referred to concerns over extrajudicial bulldozer demolitions, alleged encounter killings, and the prosecution of students who participated in Cockroach Janta Party (CJP) protests, saying these developments underscored the need for stronger judicial oversight. Justice Shah emphasised that constitutional courts are expected to function as guardians of individual rights, particularly when executive action is challenged. He said the judiciary must remain vigilant in protecting citizens from arbitrary actions and ensure that constitutional guarantees are not weakened. According to him, preserving judicial independence is essential for maintaining public confidence in the legal system and upholding the rule of law. His remarks come amid continuing public and legal debate over the use of stringent laws such as the UAPA, particularly in cases involving prolonged pre-trial detention.

Critics have argued that extended incarceration without the conclusion of trials raises concerns about due process and the right to personal liberty, while supporters of such laws maintain they are necessary to address serious threats to national security and public order. The speech has added to ongoing discussions about the judiciary's role in balancing individual freedoms with the enforcement of security laws. While Justice Shah called for greater judicial intervention in protecting civil liberties, the issues he raised continue to be debated within legal and political circles as courts hear cases involving free speech, preventive detention, and constitutional rights.

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