India’s Supreme Court Denies Bail to Two Muslim Activists
In a recent ruling, India’s Supreme Court refused bail to Umar Khalid and Sharjeel Imam, two Muslim student activists, who have been detained for years without trial in connection with a significant case of religious unrest. The unrest occurred in parts of Delhi in February 2020 and resulted in 53 fatalities, predominantly affecting the Muslim community during protests against the contentious 2019 citizenship law, which critics argue discriminates against Muslims.
Both activists were arrested five years ago under strict state security laws. Despite the court granting bail to five other individuals accused in the same conspiracy, Khalid and Imam were deemed to have played a “central role in the conspiracy,” as noted in the court’s decision reported by Bar and Bench, a legal news website. The court emphasized that the delay in their trial was not a valid reason to release them on bail.
The case has been emblematic of a broader crackdown on dissent under Prime Minister Narendra Modi’s administration, with rights groups criticizing the use of anti-terror legislation against activists. The Unlawful Activities (Prevention) Act, which has been used extensively to silence political opposition, allows for prolonged pretrial detention.
Prosecutors for the Delhi police strongly opposed the bail request, asserting that the violence was premeditated to harm India’s international reputation. They claimed that Khalid and Imam delivered provocative speeches that incited violence. However, defense attorneys for the activists contend that there is no substantial evidence linking their clients to the violence, denying all charges.
The prolonged detention of Khalid and Imam has drawn attention both domestically and internationally. Last week, a group of eight U.S. lawmakers expressed concerns over Khalid’s detention in a letter to India’s ambassador in Washington, urging a fair and timely trial. Furthermore, international human rights organizations have repeatedly called for the release of Khalid and Imam, arguing that their detention infringes on fundamental legal protections and suppresses dissent.
Amnesty International highlighted Khalid’s situation as a “derailment of justice” and representative of a broader pattern of repression against those who exercise their right to freedom of expression.
