India’s Supreme Court on Friday said that three student activists who were recently granted bail by the high court will remain out of jail.

The Delhi police had approached the apex court challenging the bail, but it refused to stay the order and issued notices to the three accused.

Natasha Narwal, Devangana Kalita, and Asif Iqbal Tanha were arrested last May under the controversial Unlawful Activities Prevention Act (UAPA), which allows authorities to detain individuals for breach of national security.

While granting bail on Tuesday, the Delhi High Court said that “the line between the constitutionally guaranteed right to protest and terrorist activity seems to be getting somewhat blurred. If this mindset gains traction, it would be a sad day for democracy.”

However, a two-member bench also said that the High Court order should not be treated as a precedent until the matter is finally decided.

The court said the case could have "pan-India ramifications" due to the way the new law has been interpreted.

Narwal and Kalita are students of the Jawaharlal Nehru University (JNU), known for its left-leaning politics. Tanha is a student at Jamia Millia Islamia, a Muslim-dominated university in the capital. They were arrested by the Delhi police for alleged violence.

Communal riots in northeast Delhi in February 2020 killed over 53 people, mostly Muslims, and injured over 250./aa