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India's top court denies bail to 2 Muslim activists after 5 years in jail without trial

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India's top court denies bail to 2 Muslim activists after 5 years in jail without trial
News

News

India's top court denies bail to 2 Muslim activists after 5 years in jail without trial

2026-01-05 15:43 Last Updated At:15:51

NEW DELHI (AP) — India’s Supreme Court on Monday denied bail to two Muslim student activists who have spent years in detention without trial over a conspiracy case linked to one of the country’s deadliest outbreaks of religious violence.

Umar Khalid and Sharjeel Imam were arrested five years ago under India’s harsh state security law and accused of conspiring to incite the communal violence that swept parts of Delhi in February 2020. The riots left 53 people dead, most of them Muslims, and took place amid massive months-long protests against a controversial 2019 citizenship law that critics said discriminated against Muslims.

While bail was granted to the other five accused in the same case, the court noted that Khalid and Imam had a “central role in the conspiracy." It also said that the delay in their trial was not a sufficient ground for granting them bail.

“Umar Khalid and Sharjeel Imam stand on a qualitatively different footing as compared to other accused,” the Supreme Court said in its verdict, according to Bar and Bench, a legal news website.

The two student activists were a leading voice in nationwide protests against the citizenship law, which marked one of the most significant challenges to Prime Minister Narendra Modi’s Hindu nationalist government. Their detention has been widely seen as emblematic of a broader crackdown on dissent under Modi, drawing criticism from rights groups over the use of anti-terror laws against activists and student leaders.

In the months following the riots, police charged several activists and organizers, including Khalid and Imam, under the Unlawful Activities (Prevention) Act, that in the past was used only to quell violent insurgencies but under Modi has been largely used to silence political opposition. Activists and other dissenters targeted under the law can be held in pretrial detention almost indefinitely, often resulting in years of detention until the completion of trial.

Prosecutors representing the Delhi police had strongly opposed Khalid and Imam’s bail request, arguing that the violence was not a spontaneous outbreak but a deliberate plot intended to tarnish India’s global image, and that they made provocative speeches and instigated violence. Khalid and Imam’s lawyers argue that there is no evidence linking them to the violence and deny the charges against them.

Dozens of other Muslims were also charged in similar cases related to the riots and held under prolonged detention. Some of those cases later unraveled because police were unable to provide evidence linking many detainees to the riots.

Last week, eight U.S. lawmakers wrote to India’s ambassador in Washington expressing concern over Khalid’s prolonged pretrial detention. They urged Indian authorities to grant him a fair and timely trial.

International human rights groups have also repeatedly urged Khalid and Imam’s release, saying their detention suppresses dissent and breaches fundamental legal protections.

Amnesty International in a statement last year said Khalid’s “imprisonment without trial exemplifies derailment of justice” and is “emblematic of a broader pattern of repression faced by those who dare to exercise their rights to freedom of expression.”

Qasim Rasool, father of Umar Khalid, arrives at the Supreme Court for the hearing of the bail plea of his son in New Delhi, India, Monday, Jan. 5, 2026. (AP Photo/Dinesh Joshi)

Qasim Rasool, father of Umar Khalid, arrives at the Supreme Court for the hearing of the bail plea of his son in New Delhi, India, Monday, Jan. 5, 2026. (AP Photo/Dinesh Joshi)

Qasim Rasool, father of Umar Khalid, arrives at the Supreme Court for the hearing of the bail plea of his son in New Delhi, India, Monday, Jan. 5, 2026. (AP Photo/Dinesh Joshi)

Qasim Rasool, father of Umar Khalid, arrives at the Supreme Court for the hearing of the bail plea of his son in New Delhi, India, Monday, Jan. 5, 2026. (AP Photo/Dinesh Joshi)

CORPUS CHRISTI, Texas (AP) — Families of students killed in the Uvalde, Texas, school massacre are among those who could testify at the trial of a police officer who was part of the hesitant law enforcement response and is charged with failing to protect children from the teenage gunman.

Opening statements were set to begin Tuesday, a day after a judge seated a jury in the rare case involving charges against an officer who is accused of not doing more to save lives. Authorities waited more than an hour to confront the shooter.

Adrian Gonzales, a former Uvalde schools officer who was among the first to respond to one of the deadliest school shootings in U.S. history, has pleaded not guilty. His attorney has said the officer tried to save children that day at Robb Elementary.

“He could have stopped him, but he didn’t want to be the target," said Velma Lisa Duran, sister of teacher Irma Garcia, who was among the 19 students and two teachers who were killed.

Duran, who arrived at the courthouse Tuesday morning to watch the beginning of the trial, said authorities stood by more than three years ago while her sister “died protecting children.”

Gonzales faces 29 counts of child abandonment or endangerment and could be sentenced to a maximum of two years in prison if he’s convicted.

He and former Uvalde schools police chief Pete Arredondo are the only two officers to face criminal charges over the response. Arredondo’s trial has not been scheduled.

Some families of the victims were upset that more officers were not charged given that nearly 400 federal, state and local officers converged on the school soon after the 2022 attack.

Terrified students inside the classrooms called 911 and parents outside begged for intervention by officers, some of whom could hear shots being fired while they stood in a hallway. A tactical team of officers eventually went into the classroom and killed the shooter.

An investigation found 77 minutes passed from the time authorities arrived until the tactical team breached the classroom and killed Salvador Ramos, who was obsessed with violence and notoriety in the months leading up to the shooting.

The trial for Gonzales was expected to last about two weeks, Judge Sid Harle said. Before seating the jury Monday, he told several hundred potential jurors that the court was not looking for those who know nothing about the shooting but wants jurors who can be impartial.

Close to 100 people were dismissed after saying they already formed opinions.

Among the potential witnesses are FBI agents, Texas Rangers, emergency dispatchers and school employees.

At the request of Gonzales’ attorneys, the trial was moved to Corpus Christi after they argued Gonzales could not receive a fair trial in Uvalde.

The indictment accuses Gonzales of putting children in “imminent danger” of injury or death by failing to engage, distract or delay the shooter and by not following his training. The allegations also say he did not go toward the gunfire despite hearing shots and being told the shooter’s location.

State and federal reviews of the shooting cited cascading problems in law enforcement training, communication, leadership and technology, and questioned why officers waited so long.

According to the state review, Gonzales told investigators that once police realized there were students still sitting in other classrooms, he helped evacuate them.

Prosecutors likely will face a high bar to win a conviction. Juries are often reluctant to convict law enforcement officers for inaction, as seen after the Parkland, Florida, school massacre in 2018.

Sheriff’s deputy Scot Peterson was charged with failing to confront the shooter in that attack. It was the first such prosecution in the U.S. for an on-campus shooting, and Peterson was acquitted by a jury in 2023.

Associated Press journalists Nicholas Ingram in Corpus Christi, Texas; Jim Vertuno in Austin, Texas; Juan A. Lozano in Houston and John Seewer in Toledo, Ohio, contributed to this report.

A man enters the Nueces County Courthouse in Corpus Christi, Texas, as jury selection continues in the trial for former Uvalde school district police officer Adrian Gonzales, Monday, Jan. 5, 2026. (AP Photo/Eric Gay)

A man enters the Nueces County Courthouse in Corpus Christi, Texas, as jury selection continues in the trial for former Uvalde school district police officer Adrian Gonzales, Monday, Jan. 5, 2026. (AP Photo/Eric Gay)

FILE - Crosses with the names of shooting victims are placed outside Robb Elementary School in Uvalde, Texas, May 26, 2022. (AP Photo/Jae C. Hong, File)

FILE - Crosses with the names of shooting victims are placed outside Robb Elementary School in Uvalde, Texas, May 26, 2022. (AP Photo/Jae C. Hong, File)

People enter the Nueces County Courthouse in Corpus Christi, Texas, as jury selection continues in the trial for former Uvalde school district police officer Adrian Gonzales, Monday, Jan. 5, 2026. (AP Photo/Eric Gay)

People enter the Nueces County Courthouse in Corpus Christi, Texas, as jury selection continues in the trial for former Uvalde school district police officer Adrian Gonzales, Monday, Jan. 5, 2026. (AP Photo/Eric Gay)

A line forms at the Nueces County Courthouse in Corpus Christi, Texas, as jury selection continues in the trial for former Uvalde school district police officer Adrian Gonzales, Monday, Jan. 5, 2026. (AP Photo/Eric Gay)

A line forms at the Nueces County Courthouse in Corpus Christi, Texas, as jury selection continues in the trial for former Uvalde school district police officer Adrian Gonzales, Monday, Jan. 5, 2026. (AP Photo/Eric Gay)

FILE - This booking image provided by the Uvalde County, Texas, Sheriff's Office shows Adrian Gonzales, a former police officer for schools in Uvalde, Texas. (Uvalde County Sheriff's Office via AP, File)

FILE - This booking image provided by the Uvalde County, Texas, Sheriff's Office shows Adrian Gonzales, a former police officer for schools in Uvalde, Texas. (Uvalde County Sheriff's Office via AP, File)

FILE - Flowers are placed around a welcome sign outside Robb Elementary School in Uvalde, Texas, May 25, 2022, to honor the victims killed in a shooting at the school. (AP Photo/Jae C. Hong, File)

FILE - Flowers are placed around a welcome sign outside Robb Elementary School in Uvalde, Texas, May 25, 2022, to honor the victims killed in a shooting at the school. (AP Photo/Jae C. Hong, File)

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