The Supreme Court on Monday issued notices on bail pleas filed by several accused, including Umar Khalid, Sharjeel Imam, Gulfisha Fatima, Meeran Haider, and Shifa-ur-Rehman, in connection with the alleged larger conspiracy behind the 2020 Northeast Delhi riots. The matter, which has already seen multiple adjournments, was finally taken up by a Bench of Justice Aravind Kumar and Justice NV Anjaria.
Background
The violence in February 2020, triggered by protests against the Citizenship Amendment Act (CAA), had claimed 53 lives and injured hundreds. The Delhi Police alleged that the accused were part of a planned conspiracy to escalate protests into communal violence. All five petitioners have been in jail for more than four years under the stringent Unlawful Activities (Prevention) Act (UAPA).
The accused had earlier approached the Delhi High Court, which on September 2 dismissed their bail petitions with strong remarks. The High Court observed,
"Violence in the name of protest is not free speech. Any conspiratorial violence under the garb of demonstrations cannot be permitted."
At the Supreme Court, the atmosphere was tense but hopeful for the petitioners’ families. Senior Advocate Kapil Sibal, representing one of the accused, urged the court for an early hearing.
Read also:- Karnataka High Court voices concern as missing woman still untraced, issues directions on habeas corpus plea
He said,
"Please hear this before Diwali so that they don’t spend yet another festival behind bars."
Joining in, Senior Advocate Abhishek Manu Singhvi argued specifically for Gulfisha Fatima’s interim bail, stressing that she was a student whose education and life had been on hold for five long years.
"It is shocking that a young student remains behind bars for this long," Singhvi submitted.
The Bench, while acknowledging the submissions, decided not to grant immediate relief.
Read also:- Allahabad High Court Quashes Termination of University Staff Officer, Orders Immediate Reinstatement
Justice Kumar remarked,
"We could not hear this last week since one of us was unavailable. Issue notice in all matters."
The Supreme Court has now directed notices to be issued "by all modes" to the Delhi Police and fixed the hearing for October 7. Until then, the accused will continue in custody.
The order marks yet another waiting period for those jailed since 2020, with their appeals hanging in balance as the top court prepares to take up arguments on whether prolonged incarceration without trial should weigh in favour of bail under UAPA cases.
