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Delhi Violence: Delhi HC issues notice in Gulfisha Fatima's bail plea

Delhi HC seeks response from Delhi government on appeal challenging Trial Court’s order denying bail in the larger conspiracy case

Sabrangindia 11 May 2022

Delhi High Court
Image Courtesy:outlookindia.com

On May 11, 2022, Delhi High Court issued notice to the Delhi government on the appeal filed by student-activist Gulfisha Fatima challenging the Trial Court’s order denying bail in connection with the alleged larger conspiracy behind the outbreak of violence in North East Delhi in February 2020. Fatima is charged with several provisions of the Indian Penal Code and the Unlawful Activities Prevention Act (UAPA) in this larger conspiracy case.

A division bench comprising Justices Siddharth Mridul and Rajnish Bhatnagar sought response from the government and listed the matter to be heard on July 14. This is the same bench that is also hearing similar appeals filed by co-accused in the FIR, namely, Dr. Umar Khalid and Sharjeel Imam. Their bail pleas are listed for hearing on May 19 and May 26 respectively.

On March 17, 2022, Additional Sessions Judge Amitabh Rawat of Delhi’s Karkardooma Court dismissed Fatima’s bail plea, saying that in view of the charge sheet and the accompanying documents, the allegations against the accused appear to be “prima facie true” and therefore, no relief can be given on account of the embargo under the Unlawful Activities (Prevention) Act (UAPA).

In the order, the court noted that the statements of the protected witnesses showed “sufficient incriminating material” against the accused, who was “not only involved in the entire protest before the period of riots at Seelampur and Jafrabad in North East Delhi, but was also actively guiding it.” It further recorded that Fatima was allegedly engaged in mass mobilisation, created two WhatsApp groups and was also present in northeast Delhi at the time of the riots.

“In fact, as per the witnesses, she was the one who started the blockade and prompted the attack on police personnel and others with weapons like dande, lal mirchi powder and others in the Jafrabad area, which had a cascading effect, leading to the riots,” the court noted.

Fatima along with several other activists, students and lawyers, has been booked under the anti-terror law, UAPA, in the infamous FIR 59/2020. The case alleges a larger conspiracy behind the riots and claims made by police within it have been challenged by reports of the Delhi Minorities Commission among others.

Related:

Delhi HC adjourns hearings in bail pleas of Umar Khalid and Sharjeel Imam
Delhi Violence: Court dismisses Gulfisha Fatima, Tasleem Ahmed's bail pleas
Dr. Umar Khalid: A human rights defender, failed by the judiciary
Delhi violence: Jailed activist Gulfisha Fatima accuses Delhi Police of diversionary tactics

Delhi Violence: Delhi HC issues notice in Gulfisha Fatima's bail plea

Delhi HC seeks response from Delhi government on appeal challenging Trial Court’s order denying bail in the larger conspiracy case

Delhi High Court
Image Courtesy:outlookindia.com

On May 11, 2022, Delhi High Court issued notice to the Delhi government on the appeal filed by student-activist Gulfisha Fatima challenging the Trial Court’s order denying bail in connection with the alleged larger conspiracy behind the outbreak of violence in North East Delhi in February 2020. Fatima is charged with several provisions of the Indian Penal Code and the Unlawful Activities Prevention Act (UAPA) in this larger conspiracy case.

A division bench comprising Justices Siddharth Mridul and Rajnish Bhatnagar sought response from the government and listed the matter to be heard on July 14. This is the same bench that is also hearing similar appeals filed by co-accused in the FIR, namely, Dr. Umar Khalid and Sharjeel Imam. Their bail pleas are listed for hearing on May 19 and May 26 respectively.

On March 17, 2022, Additional Sessions Judge Amitabh Rawat of Delhi’s Karkardooma Court dismissed Fatima’s bail plea, saying that in view of the charge sheet and the accompanying documents, the allegations against the accused appear to be “prima facie true” and therefore, no relief can be given on account of the embargo under the Unlawful Activities (Prevention) Act (UAPA).

In the order, the court noted that the statements of the protected witnesses showed “sufficient incriminating material” against the accused, who was “not only involved in the entire protest before the period of riots at Seelampur and Jafrabad in North East Delhi, but was also actively guiding it.” It further recorded that Fatima was allegedly engaged in mass mobilisation, created two WhatsApp groups and was also present in northeast Delhi at the time of the riots.

“In fact, as per the witnesses, she was the one who started the blockade and prompted the attack on police personnel and others with weapons like dande, lal mirchi powder and others in the Jafrabad area, which had a cascading effect, leading to the riots,” the court noted.

Fatima along with several other activists, students and lawyers, has been booked under the anti-terror law, UAPA, in the infamous FIR 59/2020. The case alleges a larger conspiracy behind the riots and claims made by police within it have been challenged by reports of the Delhi Minorities Commission among others.

Related:

Delhi HC adjourns hearings in bail pleas of Umar Khalid and Sharjeel Imam
Delhi Violence: Court dismisses Gulfisha Fatima, Tasleem Ahmed's bail pleas
Dr. Umar Khalid: A human rights defender, failed by the judiciary
Delhi violence: Jailed activist Gulfisha Fatima accuses Delhi Police of diversionary tactics

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