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Delhi Riots Case: Supreme Court Defers Bail Pleas Of Umar Khalid, Sharjeel Imam And Others To Sept 22

The Supreme Court on Friday postponed to September 22 the hearing on bail applications filed by activists Umar Khalid, Sharjeel Imam, Gulfisha Fatima, and Meeran Haider in a case linked to the alleged conspiracy behind the February 2020 Delhi riots.

A bench comprising Justices Aravind Kumar and Manmohan adjourned the matter after briefly taking up the pleas.

The petitioners are challenging a September 2 Delhi High Court order that refused bail to nine accused, including Khalid and Imam. The high court had ruled that “conspiratorial” violence masquerading as public demonstrations could not be permitted under the law.

Alongside Khalid and Imam, the bail plea rejection applied to Fatima, Haider, Mohd Saleem Khan, Shifa Ur Rehman, Athar Khan, Abdul Khalid Saifi, and Shadab Ahmed. The court also noted that a separate bench had, on the same day, dismissed the bail request of another accused, Tasleem Ahmed.

In its order, the Delhi High Court acknowledged that the Constitution guarantees citizens the right to protest, hold demonstrations, and voice dissent under Article 19(1)(a). However, it emphasized that these freedoms are not absolute and must remain within “reasonable restrictions” to preserve public order.

“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,” the court had observed.

Khalid, Imam, and their co-accused have been booked under the Unlawful Activities (Prevention) Act (UAPA) and sections of the now-repealed Indian Penal Code. Authorities allege they were the “masterminds” behind the February 2020 violence, which claimed 53 lives and left over 700 people injured.

The riots erupted during protests against the Citizenship (Amendment) Act (CAA) and the proposed National Register of Citizens (NRC). All the accused, who have consistently denied the allegations, have remained behind bars since 2020. Their appeals to the Delhi High Court followed earlier rejections of bail by the trial court.

The Supreme Court will now revisit the matter later this month, keeping the fate of the activists’ bail petitions hanging for a little longer.

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