A bench comprising Justices Aravind Kumar and N V Anjaria observed that Gulfisha Fatima’s alleged role in coordinating protest logistics and mobilising local women during the anti-Citizenship Amendment Act (CAA) protests did not demonstrate the level of strategic oversight or autonomy that would justify her continued incarceration.
“The prosecution itself asserts that directions were conveyed to her by others higher in the asserted hierarchy,” the court said, emphasising that Fatima’s agency and control appeared limited. “The level of attributed agency and control does not justify continued incarceration once the investigative purpose stands substantially fulfilled,” the bench added.
The court also weighed the absence of any current evidence suggesting Fatima’s capacity to interfere with witnesses or revive any operational network related to the protests. It noted that both formal and informal structures cited by the prosecution had dissolved and that Fatima’s present influence was neither specified nor substantiated.
Importantly, the Court stressed that the seriousness of the 2020 riots, which left 53 people dead and hundreds injured, cannot overshadow the constitutional requirement of an individualised assessment when considering pre-trial detention. “Prolonged incarceration… would amount to a punitive measure inconsistent with settled principles,” the bench noted.
Fatima, the bench observed, had no prior criminal record, and the nature of her alleged role was similar to that of co-accused Natasha Narwal and Devangana Kalita—both of whom are already out on bail. The denial of bail in such circumstances would amount to “hostile discrimination” and violate the principle of parity under Article 14 of the Constitution.
The bench also granted bail to four other accused—Meeran Haider, Shifa Ur Rehman, Mohd. Saleem Khan, and Shadab Ahmad—while refusing to release the alleged masterminds Umar Khalid and Sharjeel Imam at this stage.
All five were directed to execute a personal bond of ₹2 lakh with two sureties and are required to remain within the National Capital Territory of Delhi. Any travel outside Delhi will require the trial court’s prior permission.
The top court concluded that with no demonstrable present threat to the administration of justice and with the possibility of stringent bail conditions mitigating any residual risk, continued pre-trial detention was unwarranted.
The February 2020 riots in northeast Delhi were among the worst in the capital in recent years, erupting in the backdrop of nationwide protests against the CAA and NRC. The Delhi Police had alleged a larger conspiracy behind the violence, invoking stringent charges under the Unlawful Activities (Prevention) Act against several student activists and protest organisers. Fatima was among those arrested in the aftermath.
