Activist Gulfisha Fatima has approached the Supreme Court challenging a Delhi High Court order that denied her bail in the “larger conspiracy” case related to the February 2020 riots in the national capital.
On September 2, the Delhi High Court had dismissed the bail pleas of Fatima and eight others, including Umar Khalid and Sharjeel Imam, observing that “conspiratorial” violence under the guise of demonstrations or protests cannot be permitted. Following the rejection, Sharjeel Imam also filed a petition in the apex court seeking relief.
A division bench of Justices Navin Chawla and Shalinder Kaur ruled that while the Constitution guarantees citizens the right to protest, such demonstrations must remain “orderly, peaceful and without arms,” and within the framework of law.
“The right to participate in peaceful protests and to make speeches in public meetings is protected under Article 19(1)(a), but it is not absolute and is subject to reasonable restrictions,” the bench noted. It warned that allowing “unfettered rights” to protest could harm the constitutional framework and affect law and order.
The court also underlined that any “conspiratorial violence” carried out in the garb of protests or demonstrations must be regulated by state machinery, as such actions fall outside the ambit of fundamental freedoms.
The High Court rejected the arguments that prolonged incarceration and delays in trial warranted bail, stating that such grounds were not “universally applicable” and must be assessed based on the facts of each case. The plea for parity with co-accused like Asif Iqbal Tanha, Devangana Kalita, and Natasha Narwal — who were granted bail by a coordinate bench earlier — was also declined.
Fatima, who was active in protests against the Citizenship Amendment Act (CAA), was arrested in April 2020 and charged under the Unlawful Activities Prevention Act (UAPA) along with provisions of the Indian Penal Code. The Delhi Police, in its chargesheet, alleged that she and other activists were “masterminds” of the “larger conspiracy” behind the communal violence that erupted in February 2020, leaving 53 people dead and over 700 injured.
The violence broke out amid demonstrations against the CAA and the proposed National Register of Citizens (NRC). Alongside Fatima, prominent activists and student leaders including Khalid, Imam, Mohd Saleem Khan, Shifa Ur Rehman, Athar Khan, Meeran Haider, and Abdul Khalid Saifi remain in custody since 2020 under similar charges.
With Fatima and Imam now moving the Supreme Court, the apex court will consider the legality of the High Court’s September 2 order and decide whether bail can be granted in the high-profile conspiracy case.
