SC adjourns bail pleas of activists in 2020 Delhi riots case to Sept 19

The Supreme Court has adjourned bail pleas of activists Umar Khalid, Sharjeel Imam, Gulfisha Fatima and Meeran Haider under the Unlawful Activities Prevention Act (UAPA) in connection with the alleged conspiracy behind the riots in the national capital in February 2020.

The apex court on Friday (September 12) deferred the hearing to a week later, on September 19.

A bench of Justices Aravind Kumar and NV Anjaria said it got the files very late.

Also read: Sharjeel Imam moves SC against denial of bail in Delhi riots case

Delhi HC verdict challenged

The activists have challenged the verdict given by the Delhi High Court on September 2, which denied bail to nine people, including Khalid and Imam. It said “conspiratorial” violence in the garb of demonstrations or protests by citizens couldn’t be permitted.

Those whose bail was rejected include Khalid, Fatima, Imam, Mohd Saleem Khan, Athar Khan, Meeran Haider, Shifa Ur Rehman, Abdul Khalid Saifi and Shadab Ahmed.

Also read: Delhi HC denies bail to Umar Khalid, Sharjeel Imam, and others in 2020 riots case

The plea of Tasleem Ahmed, another accused, was rejected by a different bench of the court the same day.

Protest has to be orderly: HC

According to the high court, the Constitution gives citizens the right to protest and hold demonstrations or agitations as long as they are orderly, peaceful and unarmed, and such actions should remain within the limits of the law.

While it said the right to take part in peaceful protests and make public speeches was said to have been protected under Article 19(1)(a), and could not be curtailed blatantly, it also observed that the right was “not absolute” and “subject to reasonable restrictions”.

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“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,” the bail rejection order pronounced.

Booked under UAPA

Khalid, Imam and the rest of the accused persons were booked under the UAPA and provisions of the IPC for allegedly being the “masterminds” of the riots that took place more than five years ago. Fifty-three people were killed, while more than 700 were injured.

Also read: 2020 Delhi riots: WhatsApp chats can’t be substantive evidence, rules court

The violence started during the protests against the controversial Citizenship Amendment Act and National Register of Citizens.

The accused, who have denied the allegations against them, have been in jail since 2020 and sought bail in the high court after a trial court dismissed their bail pleas.

(With agency inputs)