Global Scrutiny Mounts Over Umar Khalid’s Five-Year Detention Amidst Reports of “Judicial Decline” in India

The situation has reached the highest levels of international human rights monitoring, with a petition sent to Mr. Volker Türk, the UN High Commissioner for Human Rights.

By Rakesh Raman
New Delhi | January 2, 2026

International pressure is intensifying on the Indian government regarding the prolonged incarceration of activist Umar Khalid, as United States lawmakers and a new judicial report raise alarms over human rights and the state of the Indian judiciary. A group of eight US lawmakers, including senior Democrat Jim McGovern and Senator Chris Van Hollen, recently addressed a letter to India’s Ambassador to the US, Vinay Kwatra, urging a fair and timely trial for Khalid. The lawmakers expressed deep concern that Khalid’s detention for nearly five years without bail may violate international due process standards, equality before the law, and proportionality.

The intervention by US officials follows a supportive message from the newly sworn-in New York Mayor, Zohran Mamdani, who met with Khalid’s parents in December. The lawmakers, who also met with Khalid’s family, reiterated the legal principle of presumption of innocence until proven guilty. Other signatories of the letter include Congressman Jamie Raskin, Senator Peter Welch, and Congresswomen Pramila Jayapal and Rashida Tlaib.

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Concerns of Judicial Decline and Selective Impunity

The outcry comes alongside the release of the “India Judicial Research Report 2025: Decline of the Indian Judiciary,” which highlights what it describes as rampant injustice within the Indian court system. This report, archived on the global research repository Zenodo, alleges that massive corruption and extreme human rights violations are occurring under the current regime.

Critics point to a stark disparity in how the law is applied, contrasting Khalid’s situation with that of BJP leader Kapil Mishra. Despite a Delhi court ordering an FIR and further investigation into Mishra’s alleged role in the 2020 Northeast Delhi riots, he reportedly continues to enjoy full state impunity. The sources suggest a growing concern that judicial officers may be intimidated by the ruling regime, leading to a system where political figures like Mishra remain free while activists like Khalid face indefinite detention.

Calls for International Intervention

The situation has reached the highest levels of international human rights monitoring, with a 2024 petition sent to Mr. Volker Türk, the UN High Commissioner for Human Rights. This petition seeks the release of Khalid alongside other political prisoners, such as Amritpal Singh and Engineer Rashid, arguing they have been arbitrarily detained for exercising their right to speak out against government excesses.

Current Legal Standing

Umar Khalid remains charge-sheeted under the Unlawful Activities (Prevention) Act (UAPA) in connection with the Delhi riots conspiracy case. While he was recently granted a brief interim bail from December 16 to December 29 to attend his sister’s wedding, his regular bail plea remains pending before the Supreme Court of India.

The situation can be understood through the lens of a weighted scale; while international observers and human rights reports suggest the weights of due process are being removed from one side, the domestic legal system maintains that the gravity of the charges justifies the continued imbalance.

By Rakesh Raman, who is a national award-winning journalist and social activist. He is the founder of a humanitarian organization RMN Foundation which is working in diverse areas to help the disadvantaged and distressed people in the society.