The Supreme Court on Friday postponed the hearing on the bail pleas of activists Omar Khalid, Sharjil Imam, Gulfisha Fatima and Miran Haider in the case of UAPA involving the alleged conspiracy of riots in the national capital in February 2020.A bench of Justice Arvind Kumar and Justice NV Anjaria said they found the files very late.
The accused have challenged the order of the Delhi High Court of 2 September, refusing to bail nine people, including Khalid and Imam. The High Court had said that conspiracy violence cannot be allowed by citizens under the guise of demonstrations or protests.
Those whose bail was rejected include Khalid, Imam, Fatima, Mohammad Salim Khan, Shifa Ur Rehman, Athar Khan, Miran Haider, Abdul Khalid Saifi and Shadab Ahmed. The bail plea of another accused Taslim Ahmed was rejected by another bench of the High Court on 2 September.
The High Court had said that the Constitution gives citizens the right to protest or agitation, provided they are systematic, peaceful and without weapons and such action should be under the purview of law. However, the High Court said that the right to participate in peaceful protests and give speeches in public meetings is preserved under Article 19 (1) (A). This cannot be clearly limited, he also said that this right is not complete and is subject to proper sanctions.
Accused in jail since 2020
A case was registered against Khalid, Imam and the rest of the accused under sections of the illegal activities (prevention) Act (UAPA) and IPC for the alleged mastermind of the February 2020 riots. 53 people were killed and more than 700 were injured in these riots. Violence erupted during protests against CAA and NRC. The accused have been in jail since 2020.
