[2020 Delhi Riots] “This is a Question of Liberty”: SC Refuses to Entertain Bail Plea of Activist Asks HC to Hear on Nov 25

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Today, On 11th November, The Supreme Court declined to entertain the bail plea of activist Fatima, involved in the 2020 Delhi riots case, urging the Delhi High Court to consider it on November 25. Senior advocate Kapil Sibal, representing Fatima, informed the court that the High Court has not been hearing the case and continues to adjourn it for various reasons. The SC’s decision highlights the ongoing delays in the proceedings.

New Delhi: The Supreme Court on Monday declined to entertain Gulfisha Fatima’s bail plea in connection with the “larger conspiracy” behind the North East Delhi riots of February 2020.

The Court directed the Delhi High Court to consider her plea on November 25.

A bench of Justices Bela M. Trivedi and Satish Chandra Sharma noted that Fatima had been in custody for four years and seven months.

Senior advocate Kapil Sibal, representing Fatima, argued that her case has been repeatedly adjourned by the High Court, with 24 delays due to the presiding judge’s absence and six others for different reasons.

Sibal said,

“This is a question of liberty. Her case is being adjourned on one pretext or other. She has been in jail for four years and seven months and her case is pending before the high court for two years now,”

He stressed that Fatima’s continued detention for over four years without a hearing raises serious concerns about her liberty.

The Supreme Court emphasized that the proper legal procedure must be followed and, therefore, refused to intervene in the matter under Article 32. Fatima, along with several others, faces charges under the Unlawful Activities (Prevention) Act (UAPA) for allegedly masterminding the riots that resulted in 53 deaths and over 700 injuries.

The violence occurred during protests against the Citizenship (Amendment) Act (CAA) and the National Register of Citizens (NRC).

The case highlights ongoing legal challenges for activists and protestors detained under the UAPA and the complexities of navigating bail in cases deemed matters of national security.








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