New Delhi, Jan 6: India’s Supreme Court on January 5 denied bail to former student activists Umar Khalid and Sharjeel Imam, citing that prolonged detention alone was insufficient for their release. The court said the two stood on a “qualitatively different footing” from other co-accused, while granting bail to five others in the same case.
Khalid, a former Jawaharlal Nehru University student, was arrested in September 2020 under the Unlawful Activities (Prevention) Act (UAPA) over the February 2020 northeast Delhi riots, which killed 53 people amid protests against the Citizenship Amendment Act (CAA). He faces charges including rioting with deadly weapons, attempted murder, sedition, and promoting enmity between communities, all of which he denies.
The Supreme Court held that terrorism under the UAPA should not be narrowly interpreted and may include actions disrupting public order and economic activity. Human rights groups, including Amnesty International, have criticised the prolonged pretrial detention, while UN experts have called for the activists’ release.
Rights groups and a 2020 Delhi Minorities Commission report have raised concerns over the investigation, citing reliance on anonymous witnesses and alleging bias in police action. Legal observers say the ruling has reignited debate over the use of anti-terror laws against protesters and the principle that bail should be the norm rather than the exception.
