Following the Supreme Court’s recent judgement denying bail to Umar Khalid and Sharjeel Imam while granting bail to their co-accused Meeran Haider, Gulfisha Fatima, Shifa Ur Rehman, Shadab Ahmed, and Saleem Khan, Amnesty International India has expressed serious concern over the prolonged detention of Khalid and Imam. These human rights defenders have spent over five years in pre-trial detention on terrorism-related charges stemming from their peaceful participation in protests against the Citizenship Amendment Act. Aakar Patel, Chair of Amnesty International India’s Board, condemned the continued detention, calling it politically motivated and insisting that the charges should be dropped with unconditional release.
The Supreme Court imposed highly restrictive conditions for any future bail applications by Umar Khalid and Sharjeel Imam. They are only permitted to apply for bail after the prosecution has completed the examination of its protected witnesses or after one year from the date of the order, whichever comes first. This effectively ties their ability to seek judicial review to the pace and conduct of the prosecution, limiting their right to challenge prolonged detention.
Aakar Patel highlighted that the judgement reflects a troubling trend of normalizing extended pre-trial detention. He emphasized that imposing a blanket one-year restriction on bail, without clear justification, unduly restricts detainees’ rights to regular judicial review, especially given that Khalid and Imam have already been imprisoned for more than five years without trial. Amnesty International warned that justice cannot prevail while individuals remain imprisoned for exercising their right to peaceful protest.
Sharjeel Imam was initially detained on 28 January 2020 for allegedly inciting communal violence during protests in late 2019 and early 2020. Meeran Haider was arrested on 1 April 2020 on similar charges related to the 2020 Delhi riots, despite participating only in non-violent demonstrations. Gulfisha Fatima was detained on 9 April 2020 under multiple charges including rioting, though she had engaged in peaceful protest. Later that month, Shifa Ur Rehman, president of the Jamia Millia Islamia Alumni Association, was also arrested for allegedly inciting violence. In all cases, the activists appear to have been targeted not for acts of violence but for their vocal opposition to the CAA and participation in peaceful civic dissent.
