By 
09-01-2026 | Dominik Miklósi | Asia Researcher, Global Human Rights Defence.
The Indian Supreme Court excluded two human rights activists, Umar Khalid and Sharjeel Imam, who have been imprisoned for more than five years, from the bail batch granted to others accused in the same case. The court based its decision on the consideration that the two were considered hierarchically above others in the commission of the alleged crime.
On January 5th, 2026, the Supreme Court of India granted bail to five activists: Gulfisha Fatima, Meeran Haider, Mohd Saleem Khan, Shadab Ahmed, and Shifa Ur Rehman. They had been detained for over half a decade without being brought to trial. The human rights defenders were arrested following the Delhi riots that shook the South Asian capital in 2020. However, the bail applications of Umar Khalid and Sharjeel Imam, two prominent students who are accused of conspiracy to incite violence in the same case, were rejected by the court.
In December 2019, the Indian government’s introduction of the Citizenship Amendment Act (CAA) served as a flashpoint for peaceful demonstrations in the country. The CAA was deemed heavily discriminatory by protesters toward the Muslim population of India. Several leading government representatives explicitly urged violence against the demonstrators. Hindu mobs carried out attacks on Muslims across the northeastern part of Delhi, as they vandalised and committed arson against Muslim homes, along with religious and business sites.
The riots in Delhi led to 53 deaths and left approximately 700 people injured. Umar Khalid and Sharjeel Imam were arrested after the events under the Unlawful Activities (Prevention) Act, which comprises India’s anti-terror laws.
The decision to maintain the two activists’ detention sparks serious human rights concerns. Umar Khalid and Sharjeel Imam have been kept in prison for more than five years. During this period, they have been barred from exercising their fair trial rights. This is because they were not provided the chance by the authorities to defend themselves in the case before a competent court. Moreover, they were arrested for participating in peaceful protests. Reportedly, their detention stemmed from politically fuelled intentions, raising equally grave concerns. According to Aakar Patel, Amnesty International India’s Chair of the Board, “this judgment underscores a deeply worrying pattern in which prolonged pre-trial detention is becoming normalized”.
The judges provided a detailed reasoning in relation to the further extended detention of the students. The court found that the human rights defenders were considered hierarchically above others in the alleged crime, compared to the five co-accused individuals who were released on bail. It ruled that the activists carried out a “central and formative role” in the context of the conspiracy. “I feel that these judges have been unduly influenced by government pressure […]”, stated Prashant Bhushan, Indian Supreme Court senior advocate. Umar Khalid and Sharjeel Imam can pursue a bail reapplication in one year.
