On April 9, 2020, Gulfisha Fatima was arrested (FIR 48/20) in connection with a case related to a protest that took place against the divisive and discriminatory CAA-NPR-NRC. Two days later, on April 11, 2020), she was arrested in another case (FIR 59/20) under the draconian UAPA for being allegedly involved in the so-called ‘conspiracy’ to incite the communal riots that ravaged North East Delhi in Feb 2020.
Today marks 3 years of Gulfisha’s painful incarceration under UAPA for daring to raise her voice against the unjust CAA-NRC-NPR. She has been penning beautiful heart wrenching poetry from her prison cell.
Listen to them. Let it sink in. #releasegulfisha pic.twitter.com/Xuk2Nd8ftk— Natasha Narwal (@natasha_narwal) April 9, 2023
Gulfisha, a young student leader, had participated in a sit in on Feb 22, 2020, at Jafrabad Metro Station in North East Delhi. During the protest, one side of the road was blocked by protesters. The roadblock drew the ire of Karawal Nagar’s BJP MLA Kapil Mishra, currently Law and Justice Minister in the Delhi government, who threatened to clear the roads if Delhi police would not do so. Hours later, violence broke out in Delhi, ranging for five days and left 53 people dead and 700 injured.
Only last week, a Delhi court had ordered an FIR against Mishra for his role in the riots, based on a complaint filed by Mohammed Ilyas, a property dealer who unsuccessfully tried to get Delhi police to take action against Mishra.
Delhi police took no action against the BJP leader. Instead police filed multiple cases against a range of persons, including student activists, charging them under stringent clauses of the draconian Unlawful Activities Prevention Act (UAPA), 1967. Student leader Umar Khalid is still in jail, as is Sharjeel Imam and Meeran Haider, along with other activists of the movement against the CAA.
Gulfisha was arrested from prison in FIR 50/20 (Crime Branch) on July 28,2020, absurdly charged, along with ten young Muslim boys (many of whom were injured and maimed in the riots) and student activists Natasha Narwal and Devangana Kalita, with the murder of a 19yr old Muslim boy who died on 25th Feb’20 during the riots. She was granted bail in all the other cases besides FIR 59/20 in 2020 itself.
On 15th June 2021, co-accused Devangana Kalita, Natasha Narwal & Asif Iqbal Tanha were granted bail in FIR 59/20 by the Delhi High Court in a historic order which observed that “We are constrained to say, that it appears, that in its anxiety to suppress dissent and in the morbid fear that matters may get out of hand, the State has blurred the line between the constitutionally guaranteed ‘right to protest’ and ‘terrorist activity’.” Subsequently, their bail was challenged by Delhi Police in the Supreme Court. On 2nd May 2023, the Supreme Court upheld Devangana, Natasha and Asif’s bail. It however, directed that the above bail order cannot be “treated as precedent”.
Nonetheless, the SC order granted the possibility of bail on the basis of parity to co-accused in the same case by stating that “If the co-accused is entitled to a plea on parity, that is for him to make and the Court to consider.”
In the light of the Supreme Court order, Gulfisha stood a very strong chance of bail on grounds of parity as her role as alleged by Delhi Police is exactly similar to Devangana and Natasha’s roles. However, as a result of inordinate judicial delays and her bail pending in Delhi High Court for more than two years, Gulfisha continues to languish in prison without any order being pronounced on her bail plea.
Who Is Gulfisha Fatima?
Gulfisha is a resident of Seelampur area of North East Delhi. Her father runs a small grocery store near their home. She is a first generation learner who completed her BA and MA in Urdu literature from Kirori Mal College in Delhi University. She then went on to do an MBA from Institute of Management Education, Ghaziabad. She also worked as a radio jockey at All India Radio (Urdu).
A part of the peaceful and vibrant protests for equal citizenship against CAA-NPR-NRC movement, Gulfisha was amongst the scores of young local Muslim women leaders who emerged from the energy and strength of the movement.
With no prior experiences of engaging or organising protests, Gulfishasoon became a powerful voice of collective assertion and democratic resistance. In the sit-in protest site in Seelampur, she used to regularly hold adult literacy classes for the women who would come to participate in the protest.
Tareekh pe Tareekh: the never-ending hearings for bail
Gulfisha continues to be incarcerated in Tihar Jail for five years now. Her quest for bail in FIR 59/20 has been marked with never-ending adjournments and judicial delays in what has become a complete travesty of justice. Her bail has been listed for hearing 65 times in the Delhi High Court since May 2022 and yet a verdict on her bail plea remains elusive.
In FIR 59/20, Gulfisha applied for bail in the trial court in the second half of 2021.
After a long wait, of several months, she finally received a verdict on 16th March 2022, where the trial court rejected her bail.
Gulfisha applied for bail in Delhi High Court on 1st May 2022. Until date, there has been no verdict on Gulfisha’s bail petition.
After filing for bail in May 2022, Gulfisha’s matter finally came up for hearing in front of special bench of HMJ Siddharth Mridul & HMJ Rajnish Bhatnagar in January 2023 and order was reserved on 13th Feb 2023.
On 2nd May 2023, the Supreme Court upheld the bail granted to three co-accused Natasha Narwal, Devangana Kalita & Asif Iqbal Tanha by Delhi High Court in the order dated 15th June 2021 and dismissed the SLP filed by Delhi Police. The Supreme Court also directed that the above bail order cannot be “treated as precedent”. It however observed that “If the co-accused is entitled to a plea on parity, that is for him to make and the Court to consider”
On 18th May 2023, Gulfisha filed an application for the above order to be taken on record in her bail plea, seeking parity with Devangana Kalita and Natasha Narwal. Similar applications were also filed by other co-accused.
For the next four and half months, no hearing took place. Either the bench did not assemble on the date of listing or the matter was adjourned.
On 19th Oct 2023, HMJ Siddharth Mridul was transferred as Chief Justice of Manipur High Court. As a result, Gulfisha’s bail plea was listed for rehearing in front of a new bench, along with the bail applications of multiple other co-accused.
On 1st Nov 2023, Gulfisha’s bail plea along with that of other co-accused was listed in front of the special bench of HMJ Surest Kait and HMJ Manoj Jain.
Finally after 4 months, Gulfisha’s bail was argued on 5th March’24 in front of the aforementioned bench. Arguments from both sides concluded on the same day and the bench indicated that judgement was reserved. However, when the order was uploaded, it was learned that the matter had been kept pending on account of the connected bail pleas of the other co-accused.
On 11th July’24, the Supreme Court collegium recommended the appointment of HMJ Suresh Kait as the Chief Justice of the High Court of Jammu & Kashmir. In light of the imminent transfer, the current bench released Gulfisha’s bail appeal to be listed with connected appeals to a new bench on 29th Aug’24. This is the THIRD time that Gulfisha’s bail would have been argued in the Delhi High Court.
On November 11, 2024, the Supreme Court, comprising a bench of Justices Bela M. Trivedi and Satish Chandra Sharma, refused to entertain a writ petition filed by Gulfisha Fatima seeking bail in a case under the Unlawful Activities (Prevention) Act 1967 over alleged larger conspiracy behind the 2020 Delhi riots.The Court however requested the Delhi High Court to hear the bail application on the date fixed, unless there are exceptional circumstances.
Resistance, Poetry in Prison
Even as she endures a harsh incarceration, Gulfisha retains her indomitable spirit of struggle and her joyous laughter in the face of extreme hardships. Inside prison, she is an important companion for her co-inmates, who come to her to share their troubles, to learn to read and write, to get their applications written, to have their charge-sheets and legal documents explained – the list is endless. Gulfisha used to work in the jail creche teaching the little children who are imprisoned inside with their mothers. Currently, she works with the Pado Padhao programme in prison where she teaches co-inmates basic literacy skills.
Gulfisha has also begun to write very powerful and heart-wrenching poetry to capture the experiences of her incarceration alongwith making beautiful paintings and writing letters to her friends.
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Some links to reports and Gulfisha’s prison poetry, art and letters:
‘These Walls Around Me’: Gulfisha Fatima’s Prison Poetry https://thewire.in/rights/these-walls-around-me-gulfisha-fatimas-prison-poetry
‘Days Become Like A Ladder’: Gulfisha Fatima’s Letters from Prison https://thewire.in/rights/days-become-like-a-ladder-gulfisha-fatimas-letters-from-prison
Free Gulfisha (with footage of Gul’s speeches at the protest site) :
Gulfisha Fatima is an example of courage and bravery. Break you silence. Speak up for her. #freegul #freeallpoliticalprisoners pic.twitter.com/RAupoj6zNy
— Safoora Zargar (@SafooraZargar) October 8, 2021