Senior Congress leader Digvijaya Singh has expressed strong criticism of the legal system, asserting that bail for Muslims has become an exception rather than the rule. Speaking at a panel discussion organised by the Association for Protection of Civil Rights (APCR), he joined the families of jailed activists, including former JNU research scholar Umar Khalid, in calling for their release.
Singh referenced a recent Supreme Court observation stating that “bail is the rule and jail is the exception.” He condemned the Rashtriya Swayamsevak Sangh (RSS) and drew comparisons between its treatment of Muslims in India and the persecution of Jews during Hitler’s regime in Germany.
“From my perspective, the RSS, which operates in my area as a ‘nursery’, does not believe in democracy or the Constitution. Just as Hitler targeted Jews, they have made Muslims their target. This ideology poses a grave threat to democracy,” he said.
Singh highlighted that the RSS is an unregistered entity with no official membership, noting, “If someone is arrested, they deny any affiliation, much like their response to Nathuram Godse’s arrest. They have infiltrated all levels of the system, which requires serious introspection.”
He further questioned why bail appears to be an exception for Muslims: “If bail is the rule, then why does it become an exception for Muslims?”
Umar Khalid’s father, SQR Ilyas, raised concerns over stringent laws such as the Unlawful Activities (Prevention) Act under which Khalid and others have been detained. He argued that these laws, initially framed to combat terrorism, are misused against ordinary citizens.
“Whether it’s Umar, Gulfisha, or those arrested in the Bhima Koregaon case, these draconian laws created in Parliament are being used unjustly. The BJP introduced POTA, the Congress abolished it, but its provisions were reinstated under the UAPA,” Ilyas stated. He also questioned why police officials aren’t held accountable when individuals are later exonerated after prolonged trials.
Dipankar Bhattacharya, General Secretary of the Communist Party of India (Marxist-Leninist) Liberation, stated that the activists still imprisoned will one day be recognised as “warriors of democracy.” He noted that the protests against the CAA and NRC, particularly in Shaheen Bagh, represented a broader movement for equal citizenship.
“The country feels like an open-air prison,” he lamented.
Nargis Saifi, the wife of jailed activist Khalid Saifi, echoed concerns about the selective application of the principle that “bail is the rule, jail is the exception.” She pointed out that her children are growing up without their father, emphasising that Khalid has been denied bail despite serious charges being handled differently for others.
Shakra Begum, the mother of Gulfisha Fatima—another activist arrested for alleged conspiracy in the Delhi riots—struggled to find the words to express her anguish, while Noorjahan, mother of jailed activist Athar Khan, revealed that she has been unable to communicate with her son via video call for over a year and a half.
Actor Swara Bhasker and stand-up comic Kunal Kamra showed support for the jailed activists, who face serious charges under the UAPA and various provisions of the Indian Penal Code, linked to the violent clashes in North-East Delhi in February 2020 that resulted in 53 deaths and over 700 injuries.
