India's Supreme Court on Monday denied bail to student activists Umar Khalid and Sharjeel Imam, who have been in detention for five years without trial.
The two individuals were arrested under India's Unlawful Activities (Prevention) Act, accused of conspiring to incite communal violence in Delhi during February 2020. This violence resulted in 53 fatalities, predominantly among the Muslim population. The incidents occurred amidst widespread protests against a 2019 citizenship law.
While bail was granted to five other individuals implicated in the same case, the Supreme Court stated that Khalid and Imam held a "central role in the conspiracy." The court also indicated that the duration of their trial was not sufficient grounds for granting bail, asserting that their position was "qualitatively different" from the other accused.
Khalid and Imam were prominent figures in the nationwide protests against the citizenship law. Their prolonged detention has drawn criticism from various rights organizations regarding the application of anti-terror legislation against activists and student leaders. The Unlawful Activities (Prevention) Act allows for extended periods of pretrial detention.
Prosecutors representing the Delhi police opposed the bail requests, arguing that the violence constituted a deliberate plot intended to negatively impact India's international standing, and that the activists had delivered provocative speeches. Conversely, lawyers for Khalid and Imam maintain there is no evidence linking them to the violence and have denied all charges.
In related cases following the riots, dozens of other individuals were charged and held in detention. Some of these cases were subsequently closed due to a lack of evidence.
Last week, eight U.S. lawmakers conveyed concerns to India’s ambassador in Washington regarding Khalid’s pretrial detention, advocating for a fair and timely trial. International human rights groups have also urged the release of Khalid and Imam, citing concerns about freedom of expression. Amnesty International has previously stated that Khalid’s imprisonment without trial highlights concerns regarding justice processes and freedom of expression.