Gulfisha Fatima walked out of Tihar Jail on Wednesday evening, visibly emotional as she embraced her family after spending nearly six years in custody in the 2020 northeast Delhi riots conspiracy case. Her release came hours after a Delhi court issued formal orders following bail granted by the Supreme Court earlier this week.
Along with Gulfisha Fatima, three other accused, Meeran Haider, Shifa Ur Rehman and Mohd Saleem Khan, were also released after the Karkardooma court accepted their bail bonds of Rs 2 lakh each with two local sureties. Additional Sessions Judge Sameer Bajpai issued the release orders after the Delhi Police submitted verification reports of the documents and sureties and confirmed that all bail conditions had been complied with. The fifth accused, Shadab Ahmed, who was also granted bail by the Supreme Court, remains in jail as he did not appear before the trial court to complete bail formalities.
Jail officials said Gulfisha Fatima was released soon after the paperwork was completed. Scenes outside Tihar Jail showed her surrounded by family members and supporters, with many expressing relief after years of legal uncertainty.
The Supreme Court on Monday granted bail to five accused in the case while denying relief to Umar Khalid and Sharjeel Imam. The apex court imposed 11 strict conditions on those granted bail, including a ban on attending public meetings or rallies and restrictions on circulating posters, banners or campaign material in any form, including digital platforms. Each accused was directed to furnish a personal bond of Rs 2 lakh.
In its order, the Supreme Court made a clear distinction between the roles of different accused. In Gulfisha Fatima’s case, the court observed that the allegations against her did not justify further incarceration. “The allegation that Gulfisha Fatima mobilised local women and coordinated protest site logistics does not show that she exercised independent command, resource control or strategic oversight over multiple protest sites,” the bench said.
The court further noted that even the prosecution’s case suggested that instructions were passed on to her by others higher in the alleged hierarchy. “In these circumstances, continued incarceration is not justified once the investigative purpose has been substantially fulfilled,” the bench added, warning that any misuse of liberty would lead to cancellation of bail.
Earlier, senior advocate Abhishek Manu Singhvi, appearing for Gulfisha Fatima, had told the court that she had spent close to six years in jail as an undertrial and was the only woman accused in the case who had not received bail despite allegations similar to those against other activists who were released in 2021. He also highlighted repeated procedural delays, saying her bail plea was listed nearly 90 times.
The February 2020 violence in northeast Delhi broke out during protests against the Citizenship Amendment Act and the proposed National Register of Citizens. The riots left 53 people dead and more than 700 injured.
Of the 20 accused named in the conspiracy case, two are still absconding. Among the remaining accused, seven, including Umar Khalid, Sharjeel Imam, former Aam Aadmi Party leader Tahir Hussain, Salim Malik, Athar Khan, Tasleem Ahmed and Khalid Saifi, continue to remain in prison.
