India’s Supreme Court denies bail to Muslim students after 5 years in jail without trial
India’s Supreme Court on Monday rejected bail pleas by two Muslim students, Umar Khalid and Sharjeel Imam, who have been jailed for nearly five years without trial over alleged involvement in a conspiracy linked to the 2020 Delhi communal riots.
The court ruled that Khalid and Imam played a “central role” in the alleged conspiracy and said the prolonged delay in the trial did not justify granting them bail.
Five other accused in the same case were granted bail.
The two activists were arrested in 2020 under the Unlawful Activities (Prevention) Act (UAPA), India’s stringent anti-terror law, in connection with violence that erupted in parts of the capital in February that year.
The riots, which occurred during widespread protests against a controversial citizenship law, left 53 people dead, the majority of them Muslims.
According to the court, Khalid and Imam stood on a “qualitatively different footing” from the other accused, citing their alleged leadership role in the conspiracy, as reported by legal news outlet Bar and Bench.
Khalid and Imam were prominent voices in the nationwide protests against the 2019 citizenship law, which critics say discriminates against Muslims.
Their arrests and continued detention have drawn sustained criticism from human rights groups, who say the case reflects a wider crackdown on dissent under Prime Minister Narendra Modi’s government.
Following the riots, Delhi police charged several activists and organisers under UAPA, a law originally intended to combat violent insurgencies but increasingly used against political opponents and protesters.
Under the law, accused individuals can be held in pretrial detention for extended periods.
Prosecutors argued that the violence was the result of a deliberate plot aimed at destabilising the country and damaging India’s international image, claiming the two activists made inflammatory speeches that incited unrest.
Defence lawyers have denied the allegations, saying there is no evidence linking their clients to the violence.
Several other cases linked to the riots have collapsed in recent years after courts found insufficient evidence against the accused.
Last week, eight US lawmakers wrote to India’s ambassador in Washington, expressing concern over Khalid’s prolonged detention and urging Indian authorities to ensure a fair and timely trial.
International rights organisations, including Amnesty International, have also repeatedly called for the release of both activists, describing their imprisonment as a violation of fundamental legal protections.
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