Five years in jail. Over 70 hearings. No trial, no conviction, and no justice. The story of Sharjeel Imam is a chilling example of how India's legal system can be used as a tool of indefinite punishment, especially against those who dare to speak up.
The world's largest democracy takes pride in its rule of law, yet cases like Sharjeel's expose the cracks in the system. If someone can spend half a decade in jail without a trial, is justice being served?
Sharjeel Imam, who used to be a research scholar at Jawaharlal Nehru University (JNU), was one of the most vocal against the Citizenship Amendment Act (CAA).
In January 2020, during widespread protests across the nation, he made speeches asking people not to allow this law to take place. But the government treated his words as a call for sedition.
He was booked for serious offenses that include:
Sedition (Section 124A IPC)
Promoting enmity between groups (Section 153A IPC)
Anti-terror law, Unlawful Activities (Prevention) Act (UAPA)
Since then, he remains behind the bars locked into a never-ending process of court adjournments, technicalities, and postponements.
The more stunning part of Sharjeel Imam's case isn't what he was charged for, but the fact that after five years since his arrest, the case has still not gone to trial. Over 70 times, courts have conducted hearings, and yet no judgment was delivered.
Even murder trials in India complete within this time. So, why is the case of Sharjeel still pending? Is it a case of incompetence, or is it an intentional effort to jail him without proving the charges against him?
Justice delayed is justice denied, and in Sharjeel's case, justice has been completely abandoned.
Sharjeel Imam's case also raises another disturbing question: Is Indian justice system truly fair, or does it work differently for different people?
In the same country where Sharjeel has been denied a trial for five years:
Hate speech makers and riot-accused politicians continue to walk free.
Convicted criminals are given parole and special treatment.
Businessmen who owe billions in bank frauds flee the country.
But a student who spoke against the government remains locked up. If India's justice system can work fast for the powerful, why does it move so slowly for Sharjeel?
Sharjeel Imam is not the only one. Many other activists, journalists, and students who protested against the government in recent years have faced similar treatment. Arrested under UAPA and sedition laws, they spend years in jail without trial.
This is what the pattern reveals, a threatening reality: Dissent in India is not merely punished; it is silenced forever.
India's judiciary is supposed to be independent. But when a man is languishing in jail without being convicted for five years, one sure thing is that something is terribly amiss.
If India is a democracy, then what's behind the fear of a fair trial?
The Supreme Court itself has pronounced that bail should be the rule and jail the exception.
In Sharjeel's case, however, the state makes sure that he stays behind bars.
Sharjeel Imam's case is no longer about him alone; it is a test for Indian democracy.
Will India remain a country where political opponents are jailed without trial? Or does it stand for justice and fair play?
One thing is clear: If someone can be locked up for five years without trial today, it could happen to anyone tomorrow.
It’s time to ask: If not now, when will justice be served?
[The writer, Shahrukh bin Parvaiz, is Law student and human rights defender. Views expressed here personal.]
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