Link to full article: Process as punishment | On the Umar Khalid case
The extended detention of Umar Khalid raises meaningful concerns about due process under India’s legal system when invoking stringent laws like UAPA. Denial of bail despite no trial yet could call into question whether pretrial imprisonment is becoming punitive rather than procedural-a concern echoed by precedents noted by higher courts emphasizing bail as a rule under special statutes.Khalid’s public activism reflects longstanding debates about dissent and state power, notably when addressing issues like communal discrimination or marginalized rights.Regardless of personal perspectives on his ideology or actions, prolonged incarceration without judicial resolution may set broader implications for balancing state security measures with individual freedoms guaranteed by the Constitution.
India must carefully assess such cases to avoid undermining public trust while safeguarding justice principles-the cornerstone of democracy.