Delhi Violence: Court dismisses Gulfisha Fatima, Tasleem Ahmed’s bail pleas

Image: Live Law

A Delhi Court on Wednesday rejected the bail pleas of Gulfisha Fatima and Tasleem Ahmed in connection with the case related to alleged “larger conspiracy” behind the communal violence that broke out in North East Delhi in February 2020.

Additional Sessions Judge Amitabh Rawat dismissed Fatima’s bail plea, saying 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).

Similarly, the judge also dismissed the bail application of Ahmed, saying he was actively involved along with Fatima and others in the protest, before and at the time of the riots in North East Delhi, and the allegations against him also are prima facie true.

Last year, a Delhi court had allowed Ahmed to undergo surgery in government hospital after his lawyer Mahmood Pracha told the court that he was in risk of becoming seriously infected.

Fatima and Ahmed, along with several other activists, students and lawyers, have 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.

Besides the accused, activist Dr. Umar Khalid, Jawaharlal Nehru University (JNU) students’ union member Khalid Saifi, Pinjra Tod activists Natasha Narwal and Devangana Kalita, Jamia Coordination Committee members Safoora Zargar, former Aam Aadmi Party (AAP) councillor Tahir Hussain and several others have also been booked under the stringent law in the case.

Ishrat Jahan, a former Congress councillor, who was also one of the accused in the case, finally walked out of Mandoli jail on Wednesday evening after she was granted bail on Monday, March 14. Meanwhile, orders on the bail pleas of three other accused in the same case, Dr. Umar Khalid, Sharjeel Imam and Saleem Khan, have been deferred to March 21 and 22, 2022.

In the order concerning Fatima’s bail plea, 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.

The order may be read here: 

In ascribing blame for the riots to the anti-Citizenship Amendment Act (CAA) protesters, the Delhi Police have also been blamed for a discriminatory sense of investigation and justice, because they turned a blind eye to BJP leaders like Kapil Sharma and Ragini Tiwari who were at the time caught on video blatantly threatening violence.

Citizens for Justice and Peace had sustained a campaign against Kapil Mishra for which hate had been spewed against the organisation by Mishra.

In fact, there was much done by several organisations including CJP and SabrangIndia to show that the Delhi 2020 targeted violence was in fact incited using social media. Instead of investigating these aspects in a non-partisan manner, the Delhi police have repeated their assertion that the riots were “premeditated” to take place when then US president Donald Trump was in Delhi. 

The FIR 59/2020 contains stringent charges including Sections 13, 16, 17, 18 of the UAPA, Sections 25 and 27 of the Arms Act and Section 3 and 4 of the Prevention of Damage to Public Property Act, 1984. The accused are also charged under various offences mentioned under the Indian Penal Code (IPC). In September last year, main charge sheet was filed against Pinjara Tod members and JNU students Devangana Kalita and Natasha Narwal, Jamia Millia Islamia student Asif Iqbal Tanha and student activist Gulfisha Fatima.

Others who were charge-sheeted included former Congress Councilor Ishrat Jahan, Jamia Coordination Committee members Safoora Zargar, Meeran Haider and and Shifa-Ur-Rehman, suspended AAP Councilor Tahir Hussain, Umar Khalid, Shadab Ahmed, Tasleem Ahmed, Salim Malik, Mohd Salim Khan and Athar Khan.

Thereafter, a supplementary chargesheet was filed in November against former JNU student leader Umar Khalid and JNU student Sharjeel Imam in a case re in a case related to the alleged larger conspiracy in the communal violence in North East Delhi in February.

Related:

State is deriving sadistic pleasure by extending custody period, its torture: Ishrat Jahan 
2020 List of Honour: 10 Anti-CAA-NPR-NRC protesters vilified in Delhi