Student activist Gulfisha Fatima and others sought bail in the Delhi High Court regarding the February 2020 riots. They argue their four-year custody under UAPA and trial delays warrant release. The court will hear their pleas alongside others in December, as they maintain innocence amid claims of a larger conspiracy linked to the riots.
New Delhi: Student activist Gulfisha Fatima, United Against Hate founder Khalid Saifi, and others appeared before the Delhi High Court on Monday, seeking bail in a case related to the February 2020 violence. A bench of Justices Navin Chawla and Shalinder Kaur scheduled the hearing for December 6, alongside a similar plea by former JNU student Umar Khalid.
The accused argued that they have been in custody for over four years under the Unlawful Activities Prevention Act (UAPA) and that the trial was unlikely to conclude soon. The court has also set the bail plea of Sharjeel Imam for a hearing on December 12.
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The accused are charged with being part of a “larger conspiracy” behind the riots, which left 53 dead and injured over 700 during protests against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC). The violence, according to police, was orchestrated at “conspiratorial meetings” by the accused.
Senior advocate Kapil Sibal, representing Gulfisha, highlighted delays in trial proceedings and cited the 2021 bail grant to her alleged associates Devangana Kalita and Natasha Narwal. He stated, “There is no occasion for her to be inside. There is no actual participation in riots.”
Advocate Rebecca John, representing Khalid Saifi, argued:
- “There are 897 witnesses. Arguments on charge are going on. The first accused is arguing.”
- John asserted that Saifi was subjected to custodial violence and deserved bail on parity with co-accused. She added there was no evidence of communal violence or inflammatory speeches at Saifi’s protest site in Khajuri Khas.
Senior advocate Salman Khurshid, representing Shifa-ur-Rehman, president of the Jamia Millia Islamia Alumni Association, contended there was no evidence linking his client to violence.
The high court is reviewing the cases afresh following a change in the bench. All accused were arrested following the riots, with some filing bail applications as early as 2022.
Umar Khalid’s bail plea, dismissed by the high court in October 2022, was upheld based on allegations deemed “prima facie true” by the court. The court noted that the anti-CAA protests “metamorphosed into violent riots”, allegedly planned during conspiratorial meetings.
As the bail pleas await resolution, the accused maintain their stance that the trial’s delay and selective arrests highlight procedural injustice.
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