Rights activist and former JNU student leader Umar Khalid, an accused in the Delhi riots conspiracy case, completed 1,704 days in jail on Wednesday without trial.

Umar and 17 others — six of whom are out on bail — had in 2020 participated in protests against the new citizenship regime, which police believed was a conspiracy to spark the communal riots here that claimed 53 lives.

Umar faces charges of murder, terrorism, incitement and sedition under multiple sections of the Unlawful Activities (Prevention) Act, Arms Act and the Indian Penal Code.

His father, S.Q.R. Ilyas, told The Telegraph: “So far, five bail hearings have happened in Delhi High Court. For bail, we started in the lower court, then the high court, then the Supreme Court, where we had 14 adjournments in nine months. We then went back to the lower court, and are now again in the high court.”

Many of the adjournments in the apex court were sought by the defence, which finally withdrew its plea.

“Umar, who is not at fault, who was not in Delhi during the riots, is denied bail…. People who have committed heinous crimes are either not arrested or immediately released on bail,” Ilyas said.

“He is accused of being in a WhatsApp group (that planned anti-CAA protests). When his lawyer told the (lower) court that he did not participate in any discussion in the group, the prosecutor countered that he was a silent spectator,” he added.

Ilyas pointed out that there were hundreds of prosecution witnesses and multiple supplementary chargesheets of thousands of pages.

“Yet even after almost five years, charges have not been framed in court. This trial may continue for 10-15 years. Former Chief Justice of India D.Y. Chandrachud kept saying that bail is the rule and granted bail to several people, but Umar was not on the list. We can’t understand the judiciary’s justification for denying bail… The judiciary must realise this phenomenon of black laws being used to keep innocent people behind bars for as long as possible,” he added.

Kavita Srivastava, president of the People’s Union for Civil Liberties, told this paper that it was illegal to detain a person without trial for almost five years.

“Umar has moved courts for bail, he has not stalled the trial…. Be it Umar or (Ashoka University teacher) Ali Khan Mahmudabad, they are targeted for being Muslims who are assertive and have scholarship,” Srivastava said.

Contrasting Umar’s incarceration with the “victory” rallies of Brij Bhushan Sharan Singh, the former BJP MP and wrestling boss accused in sexual harassment cases, she said: “This shows his (Singh’s) complete impunity and confidence. The trial against him is still on, depositions are still happening. It shows he has the backing of the BJP. They gave his son a ticket to contest (parliamentary elections).... Bilkis Bano’s rapists were honoured. Lynching accused are felicitated. The BJP has created a culture of glorifying crime.”

“This is not about Umar. This is about the failure of the system,” Srivastava added.