NEW DELHI (AP) — India’s Supreme Court on Monday denied bail to two Muslim student activists who have been detained for years without trial in a conspiracy case linked to one of the country’s deadliest episodes of religious violence.
Umar Khalid and Sharjeel Imam were arrested under India’s tough national security laws five years ago and accused of conspiring to incite communal violence that swept parts of Delhi in February 2020. The riots left 53 people dead, mostly Muslims. The riots came amid months of massive protests against the controversial 2019 citizenship law, which critics say discriminates against Muslims.
While five other defendants in the same case were granted bail, the court noted that Khalid and Imam “played a central role in the conspiracy.” It also said the delay in the trial was not a sufficient reason to grant bail.
According to the legal news website Bar and Bench, the Supreme Court stated in its judgment that “the positions of Omar Khalid and Sharjeel Imam are qualitatively different compared to the other defendants.”
The two student activists are leading voices in nationwide protests against the citizenship law, marking one of the most significant challenges facing Prime Minister Narendra Modi’s Hindu nationalist government. Their detention is widely seen as emblematic of a wider crackdown on dissent under Modi, drawing criticism from rights groups over the use of anti-terror laws against activists and student leaders.
In the months after the riots, police charged several activists and organizers, including Khalid and Imam, under the Unlawful Activities (Prevention) Act, which has been used only to quell violent rebellions in the past but has been used mainly to silence political opposition under Modi. Activists and other dissidents targeted by the law may be held in pretrial detention almost indefinitely, often resulting in years of detention until the end of their trials.
Prosecutors representing the Delhi Police strongly opposed the bail pleas of Khalid and Imam, arguing that the violence was not a spontaneous outbreak but a deliberate conspiracy to damage India’s global image and that they had made provocative statements and incited violence. Lawyers for Khalid and the imam argued there was no evidence linking them to the violence and denied the charges against them.
Dozens of other Muslims have been charged and detained for lengthy periods in similar cases related to the riots. Some of the cases were later solved because police were unable to provide evidence linking many of the detainees to the riots.
Last week, eight U.S. lawmakers wrote to India’s ambassador in Washington to express concerns about Khalid’s lengthy pretrial detention. They urged Indian authorities to give him a fair and prompt trial.
International rights groups have also repeatedly urged the release of Khalid and the imam, saying their detention stifles dissent and violates basic legal protections.
Amnesty International said in a statement last year that Khalid’s “imprisonment without trial is an example of justice derailed” and “is emblematic of a wider pattern of repression faced by those who dare to exercise their right to freedom of expression”.
