Activist Umar Khalid has approached the Supreme Court challenging the Delhi High Court’s order rejecting his bail plea in a case registered under the Unlawful Activities (Prevention) Act (UAPA) related to the alleged conspiracy behind the February 2020 northeast Delhi riots.
On September 2, the high court had dismissed bail applications filed by nine accused persons, including Khalid and activist Sharjeel Imam. The court held that “conspiratorial” violence under the guise of protests could not be permitted.
The bail pleas of Khalid, Imam, Mohd Saleem Khan, Shifa Ur Rehman, Athar Khan, Meeran Haider, Abdul Khalid Saifi, Gulfisha Fatima and Shadab Ahmed were turned down by a bench that stressed the distinction between lawful protest and unlawful conspiracy. A separate bench also rejected the plea of another accused, Tasleem Ahmed, on the same day.
Last week, Imam and Fatima had already moved the Supreme Court against the high court’s ruling.
In its detailed order, the Delhi High Court underscored that while the Constitution guarantees citizens the right to protest under Article 19(1)(a), the right is not absolute and is subject to reasonable restrictions.
“The Constitution affords citizens the right to protest and carry out demonstrations or agitations, provided they are orderly, peaceful and without arms. Such actions must remain within the bounds of law,” the court noted, adding that unfettered protests could harm the constitutional framework and law-and-order situation.
The accused, including Khalid and Imam, were arrested under UAPA and provisions of the Indian Penal Code for allegedly being the “masterminds” of the February 2020 violence that left 53 people dead and over 700 injured during protests against the Citizenship Amendment Act (CAA) and National Register of Citizens (NRC).
