India’s Supreme Court has refused to grant bail to two prominent Muslim student activists who have spent nearly five years in jail without their trial beginning, a decision that has reignited debate over prolonged pretrial detention and the use of the country’s toughest security laws against dissenters.
The ruling, delivered Monday, concerns Umar Khalid and Sharjeel Imam, who were arrested in 2020 in connection with a conspiracy case linked to deadly communal violence in New Delhi. The court held that both men played a “central role” in the alleged plot and ruled that delays in the judicial process alone were not sufficient grounds for their release.
Case tied to 2020 Delhi riots
Khalid and Imam were accused of orchestrating violence during riots that erupted in parts of India’s capital in February 2020. The clashes left 53 people dead, the majority of them Muslims, and occurred amid widespread protests against a controversial citizenship law passed in 2019. Critics of the law argued that it discriminated against Muslims and undermined India’s secular constitution.
The two activists were charged under the Unlawful Activities (Prevention) Act (UAPA), a stringent national security law that allows authorities to hold suspects for extended periods without trial. While five other defendants in the same case were granted bail, the Supreme Court said Khalid and Imam could not be treated on the same footing.
According to the court’s judgment, reported by legal news outlet Bar and Bench, the pair’s alleged involvement set them apart from other accused individuals.
Symbol of a broader crackdown
Khalid and Imam were well-known figures during nationwide student-led protests against the citizenship law, which posed one of the most visible challenges to Prime Minister Narendra Modi’s Hindu nationalist government. Their continued detention has become a focal point for civil liberties groups, who argue that anti-terror legislation is increasingly being used to stifle political opposition and activism.
Under the UAPA, individuals can remain in custody for years while investigations and trials proceed slowly. Rights advocates say this has resulted in prolonged incarceration without convictions in several high-profile cases.
Prosecutors representing Delhi police opposed the bail pleas, arguing that the violence was planned rather than spontaneous and was intended to damage India’s international standing. They allege that the two activists delivered provocative speeches and helped incite unrest. Defense lawyers have denied the accusations, insisting there is no credible evidence linking their clients to the riots.
Growing international concern
Dozens of other Muslims were arrested in connection with the 2020 violence, many of whom were also held for extended periods. Some cases later collapsed when investigators failed to substantiate the charges.
Concern over Khalid’s detention has drawn international attention. Last week, eight U.S. lawmakers wrote to India’s ambassador in Washington, urging authorities to ensure a fair and timely trial. International rights organizations have repeatedly called for the release of both men, describing their detention as a violation of fundamental legal protections.
Amnesty International has previously said Khalid’s imprisonment without trial reflects a broader pattern of repression against those exercising their right to free expression.
The Supreme Court’s decision ensures that Khalid and Imam will remain in custody as legal proceedings continue, underscoring ongoing tensions between national security policies and civil liberties in the world’s largest democracy.