India’s Supreme Court on January 5 denied bail to prominent student activists Umar Khalid and Sharjeel Imam, who have been held without trial for over five years. While the court granted bail to five others arrested in the same case, it held that Khalid and Imam were on a “qualitatively different footing,” justifying their continued detention.
The activists, along with 11 others, were arrested in 2020 under the Unlawful Activities (Prevention) Act (UAPA), India’s counterterrorism law widely criticized as abusive. Their arrests were linked to communal violence in Delhi that year, which erupted between supporters and opponents of the 2019 Citizenship Amendment Act, a law that discriminates against Muslim irregular migrants seeking citizenship. The violence resulted in 53 deaths and hundreds of injuries, predominantly among Muslims.
International human rights norms, such as the International Covenant on Civil and Political Rights, generally encourage the release of individuals in pretrial custody, particularly when there is no evidence of violence. In this case, the prosecution has relied heavily on anonymous witnesses and WhatsApp chats documenting planning of peaceful protests, which authorities have interpreted as part of a larger conspiracy to incite riots. The Supreme Court, in its bail denial, argued that “terrorist acts” should include broader actions that disrupt the economy, not just acts of physical violence.
A July 2020 report by the Delhi Minorities Commission found that the Delhi violence appeared “planned and targeted,” and noted police bias against Muslim victims, while ruling party leaders who incited unrest faced little scrutiny. Human Rights Watch and other organizations have similarly documented the selective use of investigations and arrests against peaceful protesters. Over the years, several UN human rights experts have repeatedly called for the immediate release of Khalid and Imam.
The Supreme Court’s decision continues a pattern in India where courts frequently deny bail to individuals detained under the UAPA, despite evidence that the law is being used to suppress dissent and target peaceful critics of the government. The ruling leaves Khalid and Imam in jail for at least another year without trial, raising concerns about the erosion of fundamental rights, including freedom of expression, association, and peaceful assembly.
