Delhi riots case: Bail for five, jail for two leaves families balancing relief and sorrow

The Supreme Court on Monday (January 5) split the fate of seven people accused in the Delhi riots case, granting bail to five, while denying it to activists Umar Khalid and Sharjeel Imam, whom it said stood on a “different footing” as alleged conspirators.

But for the families, these distinctions held little meaning. Happiness and sorrow coloured each other. While for some, joy at the prospect of reunion was dampened by the knowledge that two would return to prison cells, others swallowed the pain of continued imprisonment with the quiet consolation that freedom had at least found its way to a few.

Hope persists despite denial

Banojyotsna Lahiri, Umar Khalid’s partner, told The Federal that in his rationed call from jail, Umar said he was “happy and relieved” that others had finally got bail.

Also read | 2020 Delhi riots: Why SC denied bail to Umar Khalid, Sharjeel Imam

She also posted a snippet of her conversation with him on Facebook. “I am really happy for the others who got bail! So relieved,” Umar said. “I’ll come tomorrow for mulaqat,” she replied. “Good, good, aa jana. Ab yahi zindagi hai (Good, good, come. This is what life is now),” he said.

Banojyotsna said that “justice has been long overdue” and that “none of the equal citizenship activists who were voices of the discriminatory anti-CAA struggle deserve to be in jail”.

“Every denial of bail and justice is difficult, but every time we pick up the pieces and build hope again. Every time we have appealed in court, we have done that with hope. We were hopeful this time too. That, at long last, after more than five years of being in jail without trial, everyone, including Umar, will get bail. But we will continue to knit together hope again and knock at the doors of justice,” she said.

Sharjeel’s kin vow legal fight

Sharjeel Imam’s brother, Muzammil, said that while the judgement had left the family gravely disappointed, both he and Sharjeel were relieved that others would walk free. “When I spoke to Sharjeel after the judgement, he said, ‘Chalo, aaj kisi ko to azaadi mili. Shayad humari taqdeer mein yahan kuchh aur waqt likha hai’ (At least somebody got freedom today; perhaps a little more time in jail is written in my destiny),” Muzammil said.

Like Umar’s close ones, Muzammil too said that after a long period of being denied justice, the family had pinned their hopes on the SC, only for them to be shattered.

“We were expecting that we would get bail. Obviously, we deserve bail. The Supreme Court is talking of a conspiracy case, but most of the people who are allegedly involved in that conspiracy case are out on bail. Only 2-3 people are in jail on the charges that they were hatching a conspiracy. So, I don't know with whom, actually, Sharjeel and Umar were conspiring,” he told The Federal.

Denying allegations of the two being alleged masterminds, Muzammil said Sharjeel and Umar had “never had any conversation” or any “WhatsApp chat or call” apart from one meeting in which many others were also present – those who didn’t even make it to the chargesheet.

“No matter how the media and right-wing people want to label us, we are not terrorists, and we will follow due process. Obviously, there are a few hurdles in our fight for justice. But still, we'll fight, and we'll again file for bail after one year,” he said.

Freedom greeted with disbelief

For families whose loved ones were granted bail, too, happiness came with hesitation. “They (Umar and Sharjeel) should have also got bail. They have also been inside jail for a long time. They are also like my brothers,” Farzana Yasmeen, the sister of Meeran Haider, who got bail on Monday, told The Federal.

Farzana described the night before the judgement as restless, suspended between fear and hope. “The thought of what would happen made it difficult to sleep. I was up at 5 am. We were following the news on TV, but one of his friends who was at the Supreme Court immediately called and said he’s got bail. I still can’t believe it,” she said.

While talking about the conversation with her brother shortly after the judgement was announced, Farzana broke down, remembering how Meeran was in disbelief.

“I spoke to him through video conferencing at 12 noon, he had tears in his eyes and said - “Appi, news dekh ke mujhe yakeen hi nahi ho raha hai apni aankhon pe. Aas paas ke logon se bhi poochha ki news sahi hai kya? (Sister, I can’t believe my eyes when I’m watching the news. I asked people around me whether it was true),” she said.

Hope survives long wait

Shamshad Ahmed, Shadab Ahmed’s father, also expressed joy at his son’s bail, but also made space for sorrow. “We are sad about that (denial of bail to Umar and Sharjeel); they should have also got bail. Bachche hain wo bhi hamare (they are also our children),” he told The Federal.

Also read | 'It is unfortunate': Umar Khalid's father on Supreme Court bail denial for son

Shamshad said that after Shadab’s prolonged period of incarceration, hope was the only option left for him. “We are Ambedkarites. We believe in the Constitution and the judiciary. Although it was delayed, my son got justice. He didn’t do anything wrong. He worked within the scope of the Constitution. So we were confident that he would get justice,” he said.

Saleem Khan’s daughter Saima’s hope was more grounded. “We were very nervous. If you see only rejection for five years, you get demotivated. After the Delhi High Court decision, we were depressed, but this gave us hope. Even now, I won’t fully believe anything till I see the judgement myself,” she said.

She said she hoped that Umar and Sharjeel would also get relief soon. “Inshallah, they will also get it (bail). Even they have been inside for 5-6 years. I think that if bail is rejected, the matter should at least get to the trial stage quickly, so that they can get justice,” she said.

Bail brings quiet celebrations

Shakra Begum, Gulfisha Fatima’s mother, also said that while she was “very happy” for her daughter, she feels sorry for Umar and Sharjeel. The Federal also reached out to Nooren Fatima, the wife of Shifa Ur Rehman, who was also granted bail on Monday, but didn’t receive a response.

Despite the tempered happiness, however, the families of those who’ve received bail have started making preparations to welcome them back. Saima Khan said she had distributed multiple sweet boxes, and preparations were underway to make mutton for her father once he is out.

Also read | 5 years without trial: What Umar Khalid’s incarceration tells us about the Republic

Meeran’s sister also said, “We thought of him in every happy and sad moment, especially when we cooked something special at home. He is a great lover of food. He loves biryani and fried items. We will feed him to his heart’s content and make sure his health improves.”

As for Shadab’s father, with his son set to return home, the familiar anxieties of Indian households have taken centre stage. “We have to get him married now. If he had been out, he would have already got married,” he told The Federal.