The Supreme Court on Friday adjourned till September 22 the hearing on bail pleas filed by activists Umar Khalid, Sharjeel Imam, Gulfisha Fatima and Meeran Haider in the Unlawful Activities (Prevention) Act (UAPA) case linked to the alleged conspiracy behind the February 2020 Delhi riots.
A bench comprising Justices Aravind Kumar and Manmohan deferred the matter, which arises out of a challenge to the Delhi High Court’s September 2 order refusing bail to nine accused, including Khalid and Imam.
The high court, while rejecting the bail applications, had held that violence carried out under the guise of protests could not be permitted. It stressed that while the Constitution protects the right to protest under Article 19(1)(a), the right is not absolute and is subject to reasonable restrictions.
“The exercise of an unfettered right to protest, if permitted, would damage the constitutional framework and impinge upon law and order,” the order said. The court also underscored that demonstrations must remain peaceful, orderly, and within the bounds of law.
Alongside Khalid and Imam, the high court’s rejection extended to Fatima, Haider, Mohd Saleem Khan, Shifa Ur Rehman, Athar Khan, Abdul Khalid Saifi, and Shadab Ahmed. Another accused, Tasleem Ahmed, faced a separate rejection by a different bench on the same date.
The accused have been in custody since 2020, after being booked under stringent provisions of the UAPA and the erstwhile Indian Penal Code. Investigators allege that they were the “masterminds” of the riots that erupted in northeast Delhi during protests against the Citizenship (Amendment) Act (CAA) and the National Register of Citizens (NRC).
The riots in February 2020 led to the deaths of 53 people and left over 700 injured. The Delhi Police and prosecution claim that the accused orchestrated a conspiracy to instigate violence. The activists, however, deny the allegations and maintain that they were targeted for their opposition to the CAA and NRC.
Their earlier bail pleas before the trial court were also rejected, leading them to approach the high court. The Supreme Court will now continue hearing their challenge on September 22.
