'Massive Relief': Gulfisha Fatima's Lawyer Reacts To SC's Verdict On 2020 Delhi Riots Case, Says 'Umar, Sharjeel Can Reapply For Bail After One Year'

New Delhi: The Supreme Court today (January 5) denied bail to Umar Khalid and Sharjeel Imam in the Delhi riots larger conspiracy case, observing that the materials showed a prima facie case against them under the Unlawful Activities (Prevention) Act, 1967. 

The top court, however, granted bail to 5 other accused in the case- Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd. Saleem Khan, and Shadab Ahmad. 

Activist Gulfisha Fatima's lawyer Adv. Sarim Naved termed the Supreme Court's bail order for the five accused as a "massive relief" for them and their families.

The lawyer stressed that the top court observed that the five accused's culpability, if any, appeared to be limited in nature and highlighted the Supreme Court's stance that stated that all the accused do not stand on the same footing. 

The court during the hearing rejected a uniform approach to bail, asserting that all appellants do not stand on equal footing regarding culpability. The bench highlighted that the roles of some accused may be merely facilitative, requiring a granular assessment of each individual’s participation in the alleged conspiracy. 

Naved also noted that the other two accused, Umar Khalid and Sharjeel Imam, who were denied bail by the Supreme Court, may reapply after one year.

Stressing on the part where Umar and Imam can approach the court again for bail either after one year or upon the completion of examination of protected witnesses, he added that all witnesses are important and thereby asserts that let the witnesses be examined by the trial court. The bail can be reconsidered after one year once these witnesses are examined. 

Naved said, "The five who have been granted bail, the Supreme Court has said that their culpability, if any, is at a lower level and for the two that have not been granted bail, SC has said that we are not commenting on their culpability but because of the way it is structured, in the fitness of things and judging the constitution as well as the UAPA together, they have said that one more year to come in all protected secret witnesses and even if they can't do that Umar Khalid and Sharjeel Imam can reapply for bail after one year... It's a massive relief for them and their families.,..," as quoted by news agency ANI.

Adding further, he said that the Supreme Court has focused on this case for the purpose of Bail. However, the trial court would be at liberty to cancel the bail after hearing the accused. 

Why was Gulfisha arrested?

In a sigh of relief, activist Gulfisha Fatima was finally granted bail today. Earlier, despite the weak evidence and the Supreme Court's position that bail should be the norm and jail the exception, even if the individual is charged under India’s anti-terrorism legislation, the Unlawful Activities Prevention Act, 1967, Fatima, who is now 32 years old, had spent five years in jail without bail or a trial.

Earlier, Activist Gulfisha Fatima, an MBA from the Institute of Management Education in Ghaziabad, was arrested in 2020. Fatima was arrested n connection with FIR 48, known as the Jafrabad roadblock case 

Initially, Gulfisha was granted bail on May 13, 2020 for FIR 48. However, within ten days, she was subsequently charged under the Unlawful Activities (Prevention) Act, 1967 (UAPA) in another case by April 19. 

The chargesheet in FIR 59 said that “Gulfisha played an essential role in spreading the recent Delhi riots by way of road blocks, hate speeches and instigating protestors to get violent, to any extent, against the other community as well as the paramilitary forces.” 

The police have claimed that Gulfisha was physically present at the protest site near Jafrabad Metro Station from February 22 to 24, where she is accused of conspiring and instigating violence during protests against the Citizenship Amendment Act.

Bail Denied Earlier As Well

Earlier, the Delhi High Court on September 2 last year denied bail to Imam, Khalid and seven others - Mohd Saleem Khan, Shifa Ur Rehman, Athar Khan, Meeran Haider, Shadab Ahmed, Abdul Khalid Saifi and Gulfisha Fatima. On September 2, the bail plea of another accused, Tasleem Ahmed, was rejected by a different High Court bench.

The High Court had observed that, prima facie, the role of Imam and Khalid in the entire conspiracy was "grave", having delivered inflammatory speeches on communal lines to “instigate mass mobilisation of members of the Muslim community.”

They sought bail from the apex court in the larger conspiracy case under the stringent provisions of the Unlawful Activities (Prevention) Act (UAPA) in the Delhi riots case in February 2020.

Also Read: 2020 Delhi Riots Case: SC Denies Bail To Umar Khalid, Sharjeel Imam, Says Evidence Shows Criminal Conspiracy, Calls Their Role Severe