Umar Khalid jailed 6 years without trial is injustice, says AIMIM's Waris Pathan
Synopsis
AIMIM's Waris Pathan, himself a lawyer, argues that holding Umar Khalid and Sharjeel Imam in custody for six years without trial is effectively pre-conviction punishment — and alleges religion may be a factor in bail denials. His remarks land on a day Karnataka Congress called Khalid a 'nationalist', deepening a political row that has now reached a Bengaluru law school campus.
Key Takeaways
AIMIM spokesperson Waris Pathan called Umar Khalid's detention without trial for six years 'injustice' on 15 September 2026 .
Pathan, a lawyer, cited the principle that 'bail is the rule, jail is the exception', arguing the prolonged custody amounts to pre-trial punishment.
Karnataka Congress chief B.K.
Hariprasad earlier called Khalid a 'nationalist' and criticised ABVP for opposing a documentary screening at NLSIU Bengaluru .
Khalid and co-accused Sharjeel Imam have been held under UAPA since September 2020 in connection with the 2020 Delhi riots .
Pathan also addressed the Disha Salian case and condemned Pakistan, calling it 'the root of terrorism' and urging another action like Operation Sindoor .
All India Majlis-e-Ittehadul Muslimeen (AIMIM) national spokesperson Waris Pathan on Tuesday, 15 September stated that keeping jailed activist Umar Khalid imprisoned for years without a trial amounts to 'injustice', and that Khalid must be given a fair opportunity to defend himself in court. Pathan's remarks came in the backdrop of a fresh political row over Khalid's continued detention and an ABVP-Congress clash over a documentary screening in Bengaluru.
What Waris Pathan Said
Pathan, who is also a practising lawyer, invoked a foundational legal principle in his remarks: 'Bail is the rule, jail is the exception.' He argued that holding an accused in custody for years before trial effectively constitutes punishment before verdict. 'You cannot keep anyone in jail for years without a trial. This is like conviction before trial,' he said.
He noted that both Umar Khalid and co-accused Sharjeel Imam have been incarcerated for six years, adding that despite repeated hearings, neither has been granted bail. 'As a lawyer, I can say that keeping them in jail for more than six years now without trial is injustice. Let the trial begin; allow them to produce evidence before the court, and a decision will be pronounced,' Pathan said. He further claimed: 'Somewhere it seems that since he is a Muslim, he is being denied bail' — a remark likely to draw sharp political reactions.
The Trigger: Congress-ABVP Row Over Bengaluru Screening
Pathan's comments followed a statement earlier in the day by Karnataka Congress chief B.K. Hariprasad, who described Khalid as a 'nationalist' and criticised the Akhil Bharatiya Vidyarthi Parishad (ABVP) for opposing a proposed documentary screening about the student activist at the National Law School of India University (NLSIU) in Bengaluru. The screening proposal had sparked a political standoff on campus, with ABVP members objecting to what they characterised as an attempt to glorify an accused in a sedition case.
This is not the first time Khalid's case has become a flashpoint for competing political narratives. He was arrested in September 2020 under the Unlawful Activities (Prevention) Act (UAPA) in connection with the 2020 Delhi riots case. His bail applications have been contested and rejected on multiple occasions, keeping him in judicial custody at Tihar Jail.
Pathan on the Disha Salian Case
Separately, the AIMIM leader also addressed the Disha Salian death case, urging all parties to resist politicising the matter. 'There is no need to politicise this. This is about a father who has been fighting for justice for his daughter for six years. Now the case has been handed over to the CBI on the High Court's order and an FIR has been registered. Justice should prevail,' he said.
On Pakistan and Operation Sindoor
On the question of Pakistan raising a reward to PKR 70 lakh for information on Jaish-e-Mohammed chief Masood Azhar, Pathan did not hold back. He described Pakistan as 'the root of terrorism', citing the Pulwama attack, 26/11, and the recent Pahalgam incident. 'We want the Modi government to again take action against them like Operation Sindoor, bring them here and give them the death penalty to end terrorism,' he stated.
With Khalid's trial yet to formally commence after six years, the legal and political debate around his detention is unlikely to subside — and Tuesday's remarks suggest the issue remains a live fault line across the political spectrum.
Point of View
But the UAPA's stringent bail provisions have consistently been upheld by courts — making this a structural critique of the law itself as much as of its application in this case. What's notable is that AIMIM, not the Congress or AAP, is providing the sharpest legal framing on a case that has been politically contested for six years. Hariprasad's 'nationalist' remark, meanwhile, signals that the Congress in Karnataka sees electoral value in the Khalid issue — a calculation that the ABVP's campus pushback has only amplified. The deeper question mainstream coverage avoids: why has trial in a case of this magnitude not commenced after six years, and what does that say about the pace of UAPA proceedings more broadly?
NationPress
15 Sept 2026
Frequently Asked Questions
Why has Umar Khalid been in jail for six years without trial?
Umar Khalid was arrested in September 2020 under the Unlawful Activities (Prevention) Act (UAPA) in connection with the 2020 Delhi riots case. UAPA cases involve stringent bail conditions and complex charge-framing processes, which have contributed to the prolonged pre-trial detention. His bail applications have been rejected multiple times by the courts.
What did AIMIM's Waris Pathan say about Umar Khalid?
Pathan said that holding Khalid in jail for over six years without trial is 'injustice' and akin to 'conviction before trial'. He argued that Khalid must be allowed to present evidence before the court and that bail denials may be linked to his religion — a claim he made in his personal capacity.
Why did the ABVP oppose the documentary screening at NLSIU Bengaluru?
The Akhil Bharatiya Vidyarthi Parishad opposed a proposed documentary screening about Umar Khalid at the National Law School of India University in Bengaluru, reportedly viewing it as an attempt to rehabilitate or glorify an individual accused in a UAPA case. Karnataka Congress chief B.K. Hariprasad criticised the ABVP's opposition and called Khalid a 'nationalist'.
What is the UAPA and why does it make bail difficult?
The Unlawful Activities (Prevention) Act (UAPA) is India's primary anti-terror law, under which courts can deny bail if there are reasonable grounds to believe the accusation is prima facie true. This higher threshold makes bail significantly harder to obtain compared to the standard Indian Penal Code provisions, and critics argue it enables prolonged pre-trial detention.
What did Waris Pathan say about Pakistan and Operation Sindoor?
Pathan called Pakistan 'the root of terrorism', citing the Pulwama attack, 26/11, and the Pahalgam incident. He urged the Modi government to take action similar to Operation Sindoor against those responsible for terrorism and called for the death penalty for such perpetrators.
