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Supreme Court Declines Gulfisha Fatima's Article 32 Bail Plea in Delhi Riots Case

On November 11, the Supreme Court of India declined to entertain Gulfisha Fatima’s Article 32 petition seeking bail in a case concerning the alleged larger conspiracy behind the 2020 Delhi riots. Fatima, a 31-year-old activist charged under the Unlawful Activities (Prevention) Act (UAPA), had moved the Supreme Court citing prolonged incarceration and trial delays. The bench of Justices Bela M. Trivedi and Satish Chandra Sharma, however, directed the Delhi High Court to expedite hearing her bail application, already scheduled for November 25.


Senior Advocate Kapil Sibal, representing Fatima, argued that she has been in custody for over four years and seven months, with frequent delays in hearings due to court adjournments. Sibal emphasized the toll of these delays on Fatima’s constitutional right to a speedy trial and requested bail based on undue delay. He cited the Supreme Court's judgment in K.A. Najeeb, which held that UAPA’s stringent Section 43D(5) restrictions on bail should not override constitutional guarantees if there is undue delay in trial commencement.


The bench referenced a prior case involving co-accused Sharjeel Imam, wherein the Supreme Court also declined an Article 32 petition and requested the High Court to prioritize the bail hearing. Justice Trivedi noted that Fatima’s plea similarly should first be pursued under statutory remedies available in the High Court.


Fatima and others, including activists and student leaders, have been charged under multiple sections of UAPA, the Arms Act, and the Indian Penal Code for allegedly orchestrating the 2020 Delhi riots through a conspiracy linked to anti-CAA protests. Notably, in June 2021, the Delhi High Court granted bail to co-accused Devangana Kalita, Natasha Narwal, and Asif Iqbal Tanha, determining their activities, which included organizing protests, were not sufficient to invoke UAPA charges.


The case, Gulfisha Fatima v. State (Govt of NCT of Delhi) W.P.(Crl.) No. 446/2024, continues in the High Court, which will now address her bail plea on November 25 as per the Supreme Court's request.






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