Rage And Resistance: Students And Civil Society Protest Demanding The Release Of Jailed Anti-CAA Activists

Ten-year-old Sara Afrin was one among the many family members of the jailed anti-CAA activists, who were present at Jantar Mantar on September 19 to protest the rejection of bail pleas of the activists by the Delhi High Court on September 2. When asked by a reporter about what she wanted to become after growing older, she said, “I want to be a judge. That way, I will be able to free my father.” Sara is the daughter of Tasleem Ahmed, one of the 18 people were arrested under the now infamous FIR 59/2020, lodged by the Delhi Police alleging a larger conspiracy that led to the communal violence in Northeast Delhi in February 2020.

The protest, called by the Jawaharlal Nehru University Students’ Union, was also organised to mark the prolonged incarceration for five years and more of prominent youth activists, like Umar Khalid, Gulfisha Fatima, Sharjeel Imam, Meeran Haider, Athar Khan, Khalid Saifi, Shadab Ahmad and several others. Munteha Fatima, the General Secretary of the JNUSU, told Outlook, “Through the criminalisation of these activists, the government at the Centre wants to give a broad message to the educated Muslim youth of the country that if you raise questions, if you object to discriminatory policies of this regime, if you speak up against injustices, this is how you will be silenced.”

Many prominent civil society members were present at the occasion to register their anguish and rage against the repeated rejection of the bail applications of the jailed activists by the judiciary. Advocate Prashant Bhushan, public interest lawyer at the Supreme Court, addressed the protest gathering stating that the Central government is sowing seeds of communal discord and looking for ways to further the divide between Hindus and Muslims, which is weakening the cultural fabric of the country. He said, “The law is being demeaned and misused by those in power. Those who give communal statements and instigate riots are given full impunity, like Anurag Thakur, Kapil Mishra and Narsinghanand. Their statements are a serious crime in the eyes of the law. But they are never arrested. However, those who have consistently defended the Constitution and protested through peaceful means, like Umar Khalid, whose speeches are in the public domain, have been jailed.”

Bhushan further expressed his disappointment with the attitude of the judiciary, adding that it is the duty of the courts to protect the fundamental rights of citizens, the democracy and the Constitution. However, in the matter of the Northeast Delhi communal violence, the judiciary was not fulfilling this duty according to him. He asserted that when the trial in the case has not begun even after five years, it is the job of the Courts to give bail to the accused within a few months and reprimand the police. It is crucial to note here that four of the accused, whose bail pleas were rejected by the Delhi High Court, approached the Supreme Court to contest the rejection on September 12. Since then, a two-judge bench has already adjourned the hearings in their cases twice.

Apart from Bhushan, activist and politician Yogendra Yadav also addressed the protesters at the site. He said that he joined the protest simply to extend his solidarity and support to the family members of the incarcerated activists. “I’m here so that someday, when someone is going to write down the history of these times and ask who stood up, who stayed put and who kept the fight going, I want to make sure that our names are recorded there,” he stated. Yadav added that while in most cases, it is the accused individuals that are tried, there are certain cases where the judiciary itself stands trial. “When Mahatma Gandhi stood trial, it wasn’t him being tried. It was the British who were on trial for their mockery of the country’s law and order. When the ADM Jabalpur trial happened during the Emergency, it wasn’t Shivkant Shukla who was on trial. It was India’s judiciary. Similarly, in this case, it is not Umar Khalid and other friends who are being tried, but the Indian judicial system that is standing trial,” he said.

Journalist Arfa Khanum Sherwani, another speaker at the protest, highlighted the importance of the Shaheen Bagh movement against the Citizenship Amendment Act, National Population Register and National Register of Citizens combine, emphasising that the protests gave the country a definitive direction and gave voice to an entire generation. She added, “Today, as we stand in solidarity with the jailed activists, it is important to remember that they are not victims, but defenders of the world’s largest democracy.”

Family members of the jailed activists also addressed the gathering to demand justice for those behind bars. When asked about the pace at which the case is proceeding, Khalid’s father SQR Ilyas said, “It is ridiculous that even after five years, we are running from one court to another to file bail applications and the hearings are repeatedly adjourned. It appears as if the Courts are taking no cognizance of the fact that people’s lives are being destroyed by this pace.” He recalled that the last time Khalid was in the Supreme Court with his bail plea, there were 14 adjournments in nine months. “Who will be held accountable for the precious time that these young activists are losing? Justice delayed is justice denied,” he stated.

Shamshad Ahmad, father of Shadab Ahmad, another one of the incarcerated activists, concurred with Ilyas on the issue. Furious with the inordinate delays in hearings since the trial court level, he asked, “What is it that our children have done that they have been behind bars for five and a half years now? The amount of time they have spent in jail without trial is now more than the jail time that most convicts spend inside. This is absolute injustice." Ahmad asserted that draconian laws like UAPA were being used to exploit them.

Inspite of the consistent frustration they have been facing at the judiciary’s doorstep, the family members expressed that the jailed activists are still not faltering in spirits. Speaking to Outlook, Gulfisha Fatima’s father, Tasneef Hussain said, “Gul insists that we remain strong. She says, ‘We aren’t thugs or thieves, why should we be scared? We haven’t said anything against the country; we have always spoken for harmony. We have stood by the truth at all times and will continue doing so. There is no turning back.’”