THE ASIAN INDEPENDENT UK-
According to the Indian Constitution, both Central and State governments have a constitutional duty to guarantee the democratic rights of citizens, including their Freedom, Equality, Security, Prosperity, Development, Social justice, and Social protection. Although India claims to be the world’s largest democracy, recent actions by the Central government have raised concerns. The government, often accused of siding with corporate interests, has been criticized for enacting oppressive laws, engaging in corruption, and implementing policies that seem to infringe upon citizens’ rights to Freedom, Equality, and Justice.
It is very troubling that the four pillars responsible for safeguarding the Constitution and Democracy— the Legislature, Executive, Judiciary, and Media—are currently seen as failing to perform their duties with integrity and impartiality. Allegations have been made that Central Investigative Agencies like the CBI, ED, NIA, and Income Tax Department are being misused to intimidate political opponents and suppress dissent.
When the Legislative and Executive branches are not fulfilling their responsibilities, then it falls upon the Judiciary to protect the democratic rights of the common people. It should take firm notice of Rights violations and compel governments to correct their governance policies.
The principle of justice, according to constitutional law, requires not only the delivery of justice but also the visible assurance that justice is served. Delayed justice is equivalent to denying justice.
In judicial circles, significant importance is given to the principle that while delivering justice, it’s acceptable if ten guilty individuals are acquitted by mistake, but not even one innocent person should be punished unjustly. However, it is a matter of concern that, due to the influence of the current pro-imperialist ruling classes, corrupt Politicians, Police, Investigative agencies, and flaws within the judicial system, no safeguard is in place over such constitutional principles of justice.
If oppressed people organize democratic protests at a public level against the anti people’s economic policies, State oppression, Corporate exploitation, Coercion, and injustices being imposed by governments, they are often falsely imprisoned under stringent laws like UAPA and NSA for extended periods. The main question here is that if the Courts are also failing to provide timely and fair justice to the victims, and the mainstream Media is ignoring their voices, then what other democratic option is left for them to protect their democratic rights?
It is extremely concerning that countless innocent people, due to political vendettas, governmental oppression, corrupt systems, oppressive laws, false evidence, false witnesses, Poverty, delays in the justice system, a severe shortage of Judges in Courts, and the expensive Judicial process etc., are rotting in prisons for years without trial or sentencing. Despite this, the higher Judiciary has never taken exemplary action against the responsible governments, Police, or officials of Investigative agencies for this flawed justice system. In fact, for the suffering individual, the entire judicial process has become itself a punishment, as there seems to be no hope for justice even after enduring trials for decades. If this is not governmental oppression, then what is?
The current system often appears biased. While influential individuals can evade punishment, many innocent people remain incarcerated due to government misuse of power, institutional corruption, and procedural delays. These delays, often caused by a shortage of Judges, costly Judicial system and especially a revengeful spirit of Govts. against dissenting voices, result in prolonged detention for innocent individuals without a proper hearing. The Judiciary has also faced criticism for perceived bias. Not everyone can reach the High Court and Supreme Court, and it is also not certain that they will receive assured justice from the higher Courts. It will not be out of place to mention here that many Judges, seemingly motivated by future aspirations for high constitutional posts, have been observed making decisions favorable to Govts, Corporate houses and Communal Organizations.
Numerous Intellectuals, Lawyers, and Social activists have been detained for years on unproven charges of sedition, often without trial, indicating a failure to uphold constitutional rights to liberty. For the past six years, many prominent Intellectuals, Lawyers, and Social activists in the country have been languishing in jail without trial, under false charges of sedition in the alleged Bhima Koregaon violence case. No charges of sedition have been proven against them to date, yet the Judiciary, under pressure from the Central government, has repeatedly denied them bail. Such illegal detention is a direct violation of Citizens’ rights to life and personal liberty granted under Article 21 of the Constitution.
In fact, the only “Crime” of the Intellectuals is that they have been raising their voices democratically against the communal-fascist attacks and oppression by the current ruling classes, Security forces and Sectarian organizations on the country’s indigenous people, Tribals, Dalits, Backward classes, Workers, Farmers, Minorities, and other communities, as well as against the unchecked exploitation of water, forests, land, mountains, and mineral resources by Corporate houses. However, the Central government aims to crush every democratic Voice, Pen, and Movement that rises against it through any means of repression. For this reason, Drone attacks are also being carried out on indigenous communities. The question is, how is it a crime to help the oppressed people who are victims of government oppression and to raise a voice for their democratic rights?
Similarly, Students and Social activists arrested under false charges during the 2020 Delhi riots related to the protests against the Citizen amendment bill have remained detained for years without trial. Students and Social activists like Umar Khalid, Gulfisha Fatima, Sharjeel Imam, Abdul Khalid Saifi, Meeran Haider, Tahir Hussain, Muhammad Saleem Khan, Azhar Khan, Saleem Malik, Shifa-ur-Rehman, Shadab Ahmed and others have faced repeated bail denials despite insufficient evidence against them.
On September 13, 2020, Umar Khalid, a Student leader from JNU, was arrested by the Delhi Police’s Special Cell under the UAPA . His bail application has been rejected three times, and hearings have been postponed 14 times. His case includes 460 witnesses and a 30,000-page charge sheet, including four supplementary charge sheets. The case is likely to continue for several years, making it clear that he cannot be kept in jail indefinitely.
Similarly, Social Activist Gulfisha Fatima was also arrested in the same case under the UAPA in relation to the Jafrabad riots. Her bail application has been presented 65 times in the Delhi High Court. Each time, the hearing is delayed under some pretext or another—Sometimes the Judge is absent, sometimes the government Lawyer, or documents are incomplete, a supplementary charge sheet, a new bench of Judges, or after hearing the case, the Judge reserves the decision, transfer of Judges and again fresh hearing by new bench of Judges. Through such delays, these two, along with others, are being deliberately kept in jail for extended periods.
Physically, 90% disabled and suffering from several serious illnesses, Delhi University Prof. G. N. Saibaba, accused of alleged links with Maoists, was detained for ten years in the high-security ‘anda cell’ of Nagpur Central Jail. He should had been granted unconditional release under the Rights of Persons with Disabilities Act-2016, but neither he received adequate medical care from the Jail administration, nor was granted bail on medical grounds. His request for bail to see his seriously ill mother was also denied, and she died longing to see her son. On March 8 of this year, the Supreme Court acquitted and ordered the unconditional release of five Social activists, including Prof. Saibaba, on all charges of alleged links with Maoists under which he was punished with a life sentence. However, the inhumane treatment by the jail administration exacerbated his health issues, and on October 12, 2024, he passed away after a routine gallbladder surgery.
Additionally, 84-year-old Priest and Social activist Stan Swamy, despite severe illness, old age, and being innocent, pleaded for bail before the judiciary, but his requests went unheard. On July 5, 2021, he died in judicial custody. Similarly, Social activist Pandu Narote also died in jail due to illness. If timely bail had been granted to these Social activists, their lives could have been saved.
Furthermore, dissenting voices are being suppressed, with individuals like Alt News Co-founder Mohammad Zubair, Kerala Journalist Siddique Kappan, NewsClick founder Prabir Purkayastha, Social Activist Advocate Teesta Setalvad and Journalists of Kashmir and Manipur being detained for months without trial in jails.
High-profile cases reveal a disparity in judicial treatment. While Social activists and dissenting voices face harsh treatment, individuals with connections to political power often secure bail despite serious charges. In stark contrast, individuals associated with the Sangh, like BJP Member of Parliament Sadhvi Pragya Thakur, Colonel Purohit, and Swami Aseemanand—accused in terror cases involving bomb blasts—have been out on bail for years despite charges being proven against them. Similarly, leaders associated with the BJP and the Sangh such as Maya Kodnani, Babu Bajrangi and others, accused in the Gujarat Massacre 2002, have been taking advantage of legal loopholes to remain on bail for years, even though they were given severe sentences. Politicians and Police Officials involved in 1984 Sikh Massacre have not been punished even after forty years of its occurrence. Under the patronage of BJP’s Kalyan Singh government and in the presence of Central Security forces, BJP and Sangh leaders who were responsible for the demolition of the Babri Masjid in Ayodhya in broad daylight were never arrested. Communal Culprits of Journalist Gauri Lankesh’ murder have also been granted bail by the Karnataka high court.
Similarly, Gurmeet Ram Rahim, the head of Dera Sacha Sauda, convicted and serving two life sentences for serious charges like murder and rape, has been released on parole or furlough 12 times over the past seven years for weeks at a time especially in election periods, under the patronage of the BJP’s Central government and the Haryana government without any substantial reason. The Judiciary has been criticized for leniency toward individuals associated with the ruling party. The question arises, why do the Judiciary and government adopt such double standards of justice?
The then Chief Justice of the Supreme Court, D.Y. Chandrachud, has repeatedly instructed Judges of High Courts and Lower Courts in various cases that the hearing and decision on a bail application should not be delayed for an extended period. Bail is the rule, and Jail is an exception; this principle applies to those arrested under UAPA and PMLA laws as well. In November 2021, the Chief Justice of the Supreme Court made a significant remark on granting bail to the accused, stating that even delays in delivering bail orders to jails affect Citizens’ right to personal liberty and human rights. He also urged judges to apply common sense when hearing bail cases.
However, it is surprising that in the cases of Umar Khalid, Gulfisha Fatima and others , such orders on granting bail are not being implemented by the lower and higher Courts. The question arises, Why does the Chief Justice of the Supreme Court not interfere in their bail applications ?
Few days ago, an article in The New York Times by Journalist Suhasini Raj highlighted Umar Khalid’s four-year detention as a significant mark against India’s Democracy, Media, Communal Politics, and Judicial system. The core question is: How long will the government continue to suppress dissenting voices in India? How can Modi govt. and India claim to be a Vishav guru in the discriminated and anti justice judicial system prevailing in India?
After wrongfully detaining an innocent person in jail for years, being honourably acquitted by a higher court, cannot be considered as justice. It is clear that the precious years an innocent person spends in jail cannot be returned to them in any way, nor can a wrongful death or life sentence under judicial custody bring back an innocent person’s life.
Justice demands that the Judiciary take strict legal action against the concerned Police Officers, Witnesses, Lawyers, Investigative agency officials, and their Political Patrons who file false cases based on fabricated evidence and false witnesses. Exemplary punishment should be given to them, and the victims should be granted appropriate compensation and true justice.
However, from the past experience and recent judgments in several important cases, it can easily be inferred that, instead of providing true justice to the oppressed, the higher Judiciary has tended to favour governments, Criminal elements, Corrupt Politicians, large Corporate entities, and the majority community.
Despite everything mentioned above, the common people of the country still place their hope for the protection of the Constitution, Democracy, Democratic rights, and Justice solely in the higher judiciary. Therefore, the higher Judiciary of the country should operate entirely free from governmental pressure, fear, and inducements, to not only safeguard the democratic rights of ordinary citizens irrespective of caste and creed but also make special efforts to unconditionally release the countless innocent undertrial prisoners languishing in prisons. All Social activists, Lawyers, Students, Writers,T ribals and Journalists who were falsely arrested under fabricated cases in the Bhima Koregaon ,Delhi violence and other incidents must be immediately released unconditionally.
So, there is a need for significant reforms in the current Judicial system, such as increasing the number of people’s Courts, family Courts and Judges, Cheap, easy and corruption free Judicial process including independence of Police and Investigative agencies from governmental pressure so as to ensure fair and speedy justice to the masses. This would ensure that no innocent person is unjustly detained in Jail, and everyone can receive fair, prompt, and affordable justice on an equal basis without any delay.
