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The Supreme Court on Monday declined to entertain the bail plea of student activist Gulfisha Fatima, who sought release in connection with the larger conspiracy behind the 2020 North East Delhi riots. The bench, comprising Justices Bela M Trivedi and Satish Chandra Sharma, directed that Fatima's case be taken up by the Delhi High Court on November 25.
Fatima has been in custody for over four years, having been arrested in the aftermath of the February 2020 riots, which resulted in the deaths of 53 people and injuries to over 700. The violence had erupted during protests against the Citizenship (Amendment) Act (CAA) and the National Register of Citizens (NRC). Fatima, along with several others, has been charged under the Unlawful Activities (Prevention) Act (UAPA) for allegedly masterminding the violence.
While hearing the case, the bench noted that Fatima's bail plea is currently pending before the Delhi High Court, but the matter has been delayed repeatedly. Senior advocate Kapil Sibal, representing Fatima, pointed out that her case had been adjourned 24 times due to the absence of the presiding judge and for other reasons. Sibal emphasised that Fatima's case had been pending before the High Court for two years and she had already been in jail for more than four and a half years. He argued that her right to liberty was being delayed due to the repeated adjournments.
However, the Supreme Court bench stated that the proper legal procedure must be followed and that it could not intervene in the matter under Article 32 of the Constitution. The court also noted that the Delhi High Court should consider Fatima's plea unless extraordinary circumstances arise.
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The charges against Fatima stem from her alleged involvement in planning and executing the violence that swept North East Delhi in February 2020, during protests over the CAA and NRC. The Delhi riots were one of the most significant episodes of communal violence in recent years, drawing widespread national and international attention. Fatima, along with other activists and political figures, has denied any involvement in the planning of the riots.
As per PTI, the matter is now scheduled for further consideration by the High Court on November 25, 2024.
(With inputs from PTI)
