The Supreme Court on Monday postponed the hearing of bail pleas filed by activists Umar Khalid, Sharjeel Imam, Gulfisha Fatima, and Meeran Haider in the UAPA case linked to the alleged conspiracy behind the 2020 Delhi riots. The case will now be heard on October 31.
A bench of Justices Aravind Kumar and N.V. Anjaria deferred the hearing after Additional Solicitor General S.V. Raju asked for two weeks to file a reply. However, the bench refused to grant that much time. “Frankly speaking, in bail matters there is no question of filing counter,” the court remarked.
The top court had earlier, on September 22, issued a notice to the Delhi Police and sought its response on the activists’ petitions. They had approached the Supreme Court after the Delhi High Court, on September 2, rejected their bail pleas along with those of several others.
The High Court had said that the right to protest cannot be used as a shield for “conspiratorial violence.” It noted that while the Constitution allows citizens to protest peacefully under Article 19(1)(a), this right is not absolute and is subject to reasonable restrictions. The court said, “If the exercise of an unfettered right to protest were permitted, it would damage the constitutional framework and impinge upon the law and order situation in the country.”
Those denied bail along with Khalid and Imam include Gulfisha Fatima, Meeran Haider, Mohd Saleem Khan, Shifa Ur Rehman, Athar Khan, Abdul Khalid Saifi, and Shadab Ahmed. Another accused, Tasleem Ahmed, was also denied bail by a separate bench.
Khalid, Imam, and others have been charged under the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code for allegedly planning the February 2020 riots, which left 53 people dead and over 700 injured. The violence took place during protests against the Citizenship (Amendment) Act and the National Register of Citizens.
The accused have denied all charges, saying they were targeted for peacefully opposing discriminatory laws. They have been in jail since 2020, waiting for their cases to be heard.
