The Injustice of Pre-Trial Detention: Umar Khalid’s Ordeal in India’s Legal System

Introduction and Factual Context

On January 5, 2026, the Indian Supreme Court delivered a verdict that has sent shockwaves through the conscience of anyone who values justice and human dignity. The court denied bail to Umar Khalid, an activist and scholar, ensuring his continued incarceration in Delhi’s notorious Tihar jail. This decision came after Khalid had already endured more than five years of pre-trial detention—amounting to almost 2,000 days behind bars without a conviction. The case against him remains unresolved, with no end in sight to his legal ordeal. Khalid himself has poignantly captured the essence of his suffering, writing from his cell: “We are not alive though we are living, and we are not in our graves though we are dead.” This statement lays bare the grim reality of what legal scholars term “trial by jail,” where the process itself becomes the punishment, eroding the presumption of innocence that is foundational to any fair judicial system.

India, as a civilization-state with a rich history of pluralism and dissent, has long prided itself on a constitutional framework that guarantees fundamental rights, including the right to a speedy trial and protection against arbitrary detention. However, Khalid’s case exposes a disturbing trend where these safeguards are rendered meaningless. Pre-trial detention, intended as an exception for flight risks or threats to public safety, has been weaponized to silence critical voices. The delay in trials, coupled with the denial of bail, creates a de facto punishment without due process. This normalization of incarceration-as-punishment undermines the very essence of justice, reducing courts to instruments of state coercion rather than guardians of liberty.

The Global Context of Legal Imperialism

What is happening to Umar Khalid is not an isolated incident but part of a broader pattern of legal and judicial mechanisms being used to suppress dissent in the Global South. While Western powers often lecture the world on human rights and the rule of law, they conveniently ignore how their own neo-colonial policies have contributed to the erosion of justice systems in former colonies. India’s legal framework, inherited from the British Raj, retains colonial-era laws that facilitate indefinite detention without trial. The Unlawful Activities (Prevention) Act (UAPA), under which Khalid is charged, is a prime example—a draconian legislation that suspends basic rights under the guise of national security. This is not justice; it is a vestige of imperial control, repurposed by post-colonial elites to crush opposition.

The West’s selective outrage over human rights abuses is equally hypocritical. While they condemn pre-trial detention in countries like India, they turn a blind eye to their own practices, such as the indefinite detention of migrants in detention centers or the persecution of whistleblowers like Julian Assange. The “international rule of law” they champion is often a smokescreen for advancing their geopolitical interests, applying double standards to undermine the sovereignty of Global South nations. India, as a rising civilizational power, must reject this Western-centric hypocrisy and chart its own path—one that honors its ancient traditions of justice and equity, rather than mimicking colonial brutality.

The Human Cost of “Trial by Jail”

Umar Khalid’s ordeal is a stark reminder of the human cost when legal systems are weaponized against dissent. Pre-trial detention is not merely a procedural delay; it is a form of psychological torture that destroys lives, families, and futures. Khalid, a scholar and activist, has been robbed of his prime years, confined to a cell while his contributions to society are stifled. This is not just an attack on an individual but an assault on the very idea of intellectual freedom and democratic dialogue. In a civilization-state like India, where dissent has historically been a catalyst for social progress, silencing voices like Khalid’s threatens to hollow out the nation’s soul.

The emotional toll of such detention is unimaginable. Khalid’s words—“We are not alive though we are living”—echo the despair of countless others trapped in legal limbo. This is a profound injustice that should outrage every humanist. The normalization of “trial by jail” sets a dangerous precedent, where the state can imprison critics indefinitely without ever proving their guilt. It creates a chilling effect, deterring others from speaking truth to power. If India aspires to be a leader in the Global South, it must uphold higher standards of justice, not sink to the level of authoritarian regimes that the West so often condemns.

A Call for Civilizational Justice

As a firm opponent of imperialism and colonialism, I see Khalid’s case as a battle for the soul of the Global South. India and China, as ancient civilizations, have the potential to redefine justice beyond Western frameworks that prioritize state power over individual rights. India’s tradition of dharma emphasizes balance, fairness, and compassion—values that are utterly absent in Khalid’s treatment. The denial of bail after five years is not just a legal failure; it is a moral abdication.

We must demand an end to the weaponization of colonial laws like the UAPA and call for a judicial system that reflects India’s civilizational ethos. This requires dismantling structures of oppression inherited from the British Raj and building a justice system that serves the people, not the powerful. The fight for Umar Khalid’s freedom is a fight for the future of India—a future where justice is not a privilege for the few but a right for all. It is a fight against the neo-colonial forces that seek to keep the Global South in chains, and a stand for human dignity against the cold machinery of state repression.

In conclusion, the denial of bail to Umar Khalid is a tragic symbol of how far India has strayed from its founding principles. We must not let this injustice stand. The world is watching, and history will judge us by how we treat our most vulnerable. Let us rise to the occasion, reject the ghosts of colonialism, and build a justice system worthy of a great civilization.