The arrest of former Jawaharlal Nehru University student and one of the soaring young voices against CAA-NPR-NRC, Dr Umar Khalid in connection with the North East Delhi riots cases is being seen as one of the most brazen acts of “state repression”. Khalid was taken into custody on September 13 after 11-hour interrogation and booked under draconian UAPA and other sections of criminal law, thereby adding one more case to the list of anti-CAA protestors languishing behind bars and are today prisoners of conscience.
The Delhi police accused Khalid of being a “main conspirator” in the Delhi violence along with former AAP councillor Tahir Hussain and United Against Hate (UAH) activist Khalid Saifi.
However, his arrest has sparked wide condemnation and anguish as prominent retired top police officers, bureaucrats, academicians, lawyers, artists, politicians and activists termed the police investigations into the February violence as “criminalising and aimed at silencing all active voices of dissent.”
Even a delegation of opposition parties rushed to the President Ram Nath Kovind, urging him to call upon the Government of India to institute an inquiry into the police investigations under the Commission of Inquiry Act, 1952, headed by a sitting or retired judge.
The Delhi violence took 53 human lives, mostly Muslims, rendered over 500 injured, and inflicted assault on property and livelihoods, and attacks on places of worship.
The delegation presented to the President a memorandum regarding the investigation of Delhi riots, stating, “There are also several documented accounts of police assaulting and torturing persons in their custody.”
The opposition leaders, including Ahmed Patel (Congress), D Raja (CPI), Sitaram Yechury (CPIM), and Manoj Jha (RJD), cast aspersions on the conduct of the police.
“The entire investigation appears to be aimed at arriving at a premeditated theory about a conspiracy propounded by the Home Minister in Lok Sabha in March 2020, before any investigation had even begun into the riots,” underlined the memorandum.
“We have represented to the President that a proper and fair investigation has to be done. The Delhi riots are being linked with the CAA protests. Politicians, activists, economists, the general public and students are being targeted,” DMK’s Kanimozhi told the media following the meeting with the President.
On the similar lines, first, former celebrated IPS officer, Julio Ribeiro wrote a letter to Delhi Police Commissioner, S N Shrivastava.
Ribeiro, who was former Mumbai Police Commissioner, DGP Gujarat and Punjab, said in the letter: “I appeal to you to ensure a fair probe into the 753 F.I.Rs registered against peaceful protestors who rightly apprehend injustices born from bias and hate against a minority community….”
Taking a cue from him, subsequently, nine more retired IPS officers wrote an open letter to the Police Commissioner, urging re-investigation of all riot cases.
“We were sad to note that one of your Special Commissioners had tried to influence investigations claiming resentment among Hindus over the arrest of some rioters belonging to their community. Such a majoritarian attitude in the police leadership leads to a travesty of justice for the victims of violence and their family members belonging to minority communities. This would further mean that the real culprits of the violence belonging to the majority community are likely to go scot free,” read the letter which was signed by former Director General National Crime Records Bureau, Shafi Alam and former Special Director CBI K Saleem Ali and others.
However, Delhi Police claimed that the investigation of all cases was done professionally. Additional PRO of Police, Anil Mittal said, “Investigation of all riot cases has been done professionally and meticulously. The matter is sub judice, and any grievances in this regard have to be raised at the appropriate forum. Regarding the letter written by Special CP, mentioned in this letter, the matter has already been adjudicated by the Delhi High Court. Prima facie, nothing wrong was found in issuing directions by senior officers”.
Expressing solidarity with Khalid, a group of intellectuals said, “We condemn the arrest of Umar Khalid who has been subjected to a malicious investigation targeting peaceful anti-CAA protesters… With deep anguish, we have no doubt in saying that this investigation is not about the violence in the national capital, but on the completely peaceful and democratic protests across the country against the unconstitutional CAA.”
“More than 20 people, mostly fewer than 30, have been arrested and more than 40 persons interrogated by the Delhi Police Special Cell, in the investigation of just one FIR looking into the conspiracy of violence,” said in a statement which was signed by 36 people including Syeda Hameed, Arundhati Roy, Ramachandra Guha, T M Krishna, Brinda Karat, Jignesh Mevani, P Sainath, Prashant Bhushan and Harsh Mander.
Joining the condemnation, the Press Club of India questioned the Delhi Police’s track record, especially that of the Special Cell and its recent spate of arrests made under the UAPA.
Accusing the Delhi Police of “acting on a political basis”, the Club said, “Of late, Delhi Police, including its Special Branch, have made preposterous arrests under the lawless law called UAPA in which the word of the government is enough to keep an innocent person behind bars for long periods. These have happened in matters relating to anti- CAA protests and the carefully designed communal killings in the so-called February 2020 riots in northeast Delhi”.
Meanwhile, a newly launched platform ‘the Campaign Against State Repression’ (CASR), by more than three dozen organisations, also condemned the arrest of Khalid and other activists.
CASR, in a statement, said: “The targeting of activists and intellectuals by the Delhi Police under the garb of investigating the violence in North East Delhi constitutes a mockery of justice.”
Coming down heavily on the Delhi Police for “falsely implicating” Khalid in the case, the Jawaharlal Nehru University Students’ Union (JNUSU) asked all progressive sections to “stand united and vigilant, and unfazed by such cowardly actions”.
“The JNUSU condemns the continuing witch hunt and targeting of activists. We reiterate that all these actions are a means to criminalise the democratic protest against the CAA-NRC-NPR which is a divisive, discriminatory and communal agenda,” it alleged.
In the 17000-page chargesheet of Delhi riots, only Kapil Mishra and Anurag Thakur, Parvesh Verma and Ragni Tewari, the instigators of the riots, have been kept safe. While the not-so-subtle attempt was made by the Delhi Police to entangle persons like Harsh Mander and Prof. Apoorvanand, in criminal cases. Even in the supplementary chargesheet, the Delhi Police had named CPM leader Yechury, Swaraj Abhiyan leader Yogendra Yadav, and economist Prof Jayati Ghosh.
Along with earlier arrested Asif Iqbal Tanha, Devangana Kalita, Gulfisha, Khalid Saifi, Ishrat Jahan, Meeran Haider, Natasha Narwal, Sharjeel Imam, Shifa Ur Rehman and several others, Umar Khalid has been branded as a “conspirator’ in the violence unleashed on the people, particularly the Muslim community of North East Delhi.
Former IPS officer, Abdur Rahman called it “a complete mockery of democracy!” Anurag Thakur, Kapil Mishra, Parvesh Verma, etc. gave hate speeches that incited Delhi riots. No action on them! But the person who, during CAA rallies, talked about democracy, constitution & justice has been arrested,” he tweeted.
Congress MP and former Union Minister Jairam Ramesh told Radiance Viewsweekly: “The opposition will raise the issue of charge sheeting of political leaders, social activists, intellectuals, NGOs in the current session of Parliament. This is a deliberate attempt to muzzle dissent and debate. This is anti-democratic and authoritarian step.”
Defending his son, Khalid’s father, Dr SQR Ilyas said the police allegations against his son are a ‘complete and total fabrication’. He alleged that he was not allowed to meet his son who was sent to 10-day police custody by a Delhi court.
Speaking with Radiance Viewsweekly, Dr Ilyas asserted that the police have no evidence against Khalid to make any case under the charges of sedition and unlawful activities.
“The use of UAPA is to block the normal processes of justice with which they would have been out on bail since, as many of the lower courts have mentioned, there is not a shred of evidence against any of them for inciting violence,” said Ilyas who heads the Welfare Party of India.
Former law minister and noted lawyer, Salman Khurshid also slammed the use of UAPA and warned that invoking it in cases of protests will have a “chilling effect” on democratic rights.
It is puzzling that on the arrest of Umar Khalid, most Muslim organis0ations preferred to remain silent. However, Jamaat-e-Islami Hind said it has been continuously raising the issue and speaking against all such arrests in connection with Delhi riots. Engineer Mohammad Salim, Vice President of Jamaat told Radiance Viewsweekly that all those students and youth who had actively participated in the anti-CAA movement were being wrongly and falsely framed in the riots cases. Jamaat issued statements against their arrest and in case of Umar Khalid, we have given our statement and responses to the various media outlets and also posted several tweets in social media, he added.
“It is not correct the Muslim organisations are silent on this issue. About JIH, I can say with certainty that we have been continuously raising our voice against this injustice irrespective of caste, creed and faith. We feel that the Delhi police is not performing its duty fairly. We understand that they are trying to silence all those voices which are criticising government and objecting its policies,” he averred.
He maintained these were not riots but pre-planned attacks on a particular community and everybody knows who were behind this violence but they are being saved from the jaws of law.
What is happening today in the country is very aptly described by the former Chief Justice of Delhi High court, Justice AP Shah in a memorial lecture on Justice Hosbet Suresh who had recently passed away.
“In India today, every institution, mechanism or tool that is designed to hold the executive accountable, is being systematically destroyed. This destruction began in 2014 when the BJP government came to power,” said Justice Shah.