The Supreme Court on Monday issued notice to the Delhi Police on the bail petitions filed by activists Umar Khalid, Sharjeel Imam, Gulfisha Fatima, and Meeran Haider in the case relating to the alleged conspiracy behind the February 2020 Delhi riots. The matter will next be heard on October 7.
A bench of Justices Aravind Kumar and N V Anjaria sought the police’s response while hearing challenges to the Delhi High Court’s September 2 order that had rejected bail to nine accused, including Khalid and Imam. The high court had held that “conspiratorial” violence under the garb of demonstrations could not be permitted.
Besides Khalid and Imam, those whose bail pleas were turned down earlier include Fatima, Haider, Mohd Saleem Khan, Shifa Ur Rehman, Athar Khan, Abdul Khalid Saifi, and Shadab Ahmed. Another accused, Tasleem Ahmed, had his bail rejected separately by a different bench the same day.
In its September 2 judgment, the Delhi High Court underscored that while the Constitution grants citizens the right to protest peacefully under Article 19(1)(a), such rights are subject to reasonable restrictions. “If the exercise of an unfettered right to protest were permitted, it would damage the constitutional framework and impinge upon the law and order situation in the country,” the order stated.
The accused, all booked under provisions of the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code, are alleged to have been the “masterminds” of the 2020 communal riots that left 53 dead and over 700 injured during protests against the Citizenship (Amendment) Act (CAA) and the National Register of Citizens (NRC).
They have consistently denied the charges, claiming they are being targeted for their dissenting voices. In custody since 2020, the accused had first approached the trial court for bail, which was rejected, before moving the high court and now the Supreme Court.
