In a sharp political attack, All India Majlis-e-Ittehadul Muslimeen (AIMIM) president and Hyderabad MP Asaduddin Owaisi has squarely blamed the Congress party for the prolonged incarceration of undertrial prisoners, including activists Umar Khalid and Sharjeel Imam. Owaisi linked their ongoing detention to amendments made to the stringent Unlawful Activities (Prevention) Act (UAPA) during the Congress-led United Progressive Alliance (UPA) government.
The Core Allegation: UPA's Role in Stringent Law
Speaking at an event in Dhule, Maharashtra, the AIMIM chief, who is also a trained lawyer, recalled his parliamentary interventions. He stated that the amendments introduced when P. Chidambaram served as the Union Home Minister had strengthened the law's provisions in a manner that facilitates extended detentions. "The people who made the law were from the Congress, and the Home Minister was Chidambaram," Owaisi asserted, questioning whether any Congress leader had ever faced similar lengthy jail time since India's independence.
Pointing to 'Subjective' Provisions and Bail Denial
Owaisi specifically highlighted the subjective nature of certain UAPA clauses. He referenced his past speech in the Lok Sabha where he questioned Section 15, which defines a terrorist act as one caused "by any other means of whatever nature." He argued this vague language could be misused against writers and dissenters. "This is a subjective thing, and tomorrow Arundhati Roy can be arrested for what she is writing," he had warned parliament.
He connected this directly to the recent Supreme Court decision denying bail to Umar Khalid and Sharjeel Imam, who are accused in a case related to the Delhi riots of 2020. The court's reasoning, Owaisi claimed, rested on the very provision he had criticized. "Using this very basis of 'by any other means', which the Congress had legislated... today two young men, who are in jail for five and a half years, didn't get bail," he said.
Concerns Over Clause 43D and Minority Detentions
The AIMIM leader also raised serious concerns about Clause 43D of the UAPA, which permits detention for up to 180 days without the filing of a chargesheet. Owaisi alleged a pattern of this provision being used disproportionately against minorities. "I can say with full confidence that in 100 per cent of the cases where minorities are arrested, they will be in detention for 180 days without a chargesheet," he stated, claiming his parliamentary record bears this out.
The backdrop of Owaisi's remarks was the Save Waqf Conference in New Delhi, though the comments targeting Congress were made later in Maharashtra. This critique adds a new dimension to the political debate around national security laws, their application, and their legislative history, placing the current opposition party under scrutiny for its past governance decisions.
