Top court issues notices on activists’ challenge to Delhi High Court order denying bail under UAPA
New Delhi
The Supreme Court on Monday sought a response from the Delhi Police on the bail petitions of activists Umar Khalid, Sharjeel Imam, Gulfisha Fatima, and Meeran Haider in the case linked to the alleged conspiracy behind the February 2020 Delhi riots. A bench of Justices Aravind Kumar and N V Anjaria issued notices and scheduled the matter for further hearing on October 7.
The activists have challenged a September 2 Delhi High Court order that denied bail to nine accused, including Khalid and Imam, ruling that “conspiratorial violence” under the guise of protests cannot be permitted. Others whose bail pleas were rejected include Mohd Saleem Khan, Shifa Ur Rehman, Athar Khan, Abdul Khalid Saifi, and Shadab Ahmed. Another accused, Tasleem Ahmed, faced a similar rejection by a different bench on the same day.
The high court acknowledged citizens’ constitutional right to protest under Article 19(1) (a) but stressed it is not absolute and must be subject to reasonable restrictions to maintain law and order.
Khalid, Imam and the others are charged under the Unlawful Activities (Prevention) Act (UAPA) and provisions of the Indian Penal Code for allegedly masterminding the communal violence that killed 53 people and injured over 700 during protests against the Citizenship (Amendment) Act (CAA) and National Register of Citizens (NRC). All the accused deny the charges and have remained in custody since 2020.
