The Supreme Court on Monday adjourned the hearing on bail petitions filed by activists Umar Khalid, Sharjeel Imam, Gulfisha Fatima, and Meeran Haider in the 2020 Delhi riots conspiracy case under the Unlawful Activities (Prevention) Act (UAPA). The matter will now be taken up on October 31.
A bench of Justices Aravind Kumar and N. V. Anjaria deferred the proceedings after Additional Solicitor General S. V. Raju, appearing for the Delhi Police, sought additional time to file a reply. Although Raju requested two weeks, the bench fixed the next hearing for Friday, observing, “Frankly speaking, in bail matters there is no question of filing counter.”
The apex court had earlier, on September 22, issued notices to the Delhi Police on the bail pleas of the accused. The activists are challenging the Delhi High Court’s September 2 order denying them bail.
The Delhi High Court had refused bail to nine accused, including Khalid and Imam, ruling that “conspiratorial” violence disguised as civil protests cannot be tolerated. The court also dismissed bail applications of Gulfisha Fatima, Meeran Haider, Mohd Saleem Khan, Shifa-ur-Rehman, Athar Khan, Abdul Khalid Saifi, and Shadab Ahmed. A separate bench had similarly denied bail to another accused, Tasleem Ahmed, on the same day.
While upholding the constitutional right to peaceful protest under Article 19(1)(a), the High Court clarified that the right was not absolute. It observed that protests must remain within the bounds of law and should not disrupt public order.
“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 High Court stated in its order.
Khalid, Imam, and the other accused are facing charges under the UAPA and the Indian Penal Code (IPC) for allegedly being the “masterminds” behind the February 2020 Delhi riots, which erupted during demonstrations against the Citizenship (Amendment) Act (CAA) and the National Register of Citizens (NRC).
The communal violence had claimed 53 lives and left over 700 injured. All the accused have denied the allegations and maintain that their arrest was politically motivated. They have been in custody since 2020, with their earlier bail pleas rejected by the trial court and later by the Delhi High Court.
