The Supreme Court on Monday, September 22, issued a notice to Delhi Policeseeking their response to the bail pleas of activists Umar Khalid, Sharjeel Imam, Gulfisha Fatima, and Meeran Haider in the Unlawful Activities (Prevention) Act (UAPA) case related to the alleged conspiracy behind the Delhi Riots in February 2020, PTI reported.
A bench of Justices comprising Aravind Kumar and N V Anjaria posted the matter for hearing on October 7 this year.
The activists have contested the Delhi High Court’s September 2 ruling that refused bail to nine individuals, including Khalid and Imam, stating that “conspiratorial” violence disguised as public demonstrations or protests by citizens cannot be permitted.
Fatima, Haider, Mohd Saleem Khan, Shifa Ur Rehman, Athar Khan, Abdul Khalid Saifi, and Shadab Ahmed, in addition to Khalid and Imam, were refused bail.
A separate high court bench denied the bail application of another accused, Tasleem Ahmed, on September 2.
As per a report by PTI, the bail rejection order read, “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 in the country.”
Right was ‘not absolute’ and ‘subject to reasonable restrictions’
The high court noted that the Constitution grants citizens the right to protest, hold demonstrations, or stage agitations, as long as these actions are conducted peacefully, in an orderly manner, without the use of weapons, and remain within the framework of the law.
It mentioned the right to take part in peaceful protests and to make speeches in meetings conducted in public was said to have been safeguarded under Article 19(1)(a), and couldn’t be restricted , it noted the right was “not absolute” and “subject to reasonable restrictions”, the report said.
The accused, who have denied all charges, have been imprisoned since 2020 and appealed to the high court after a trial court denied their bail requests.
Khalid, Imam, and the other accused were charged under the UAPA along with sections of the former Indian Penal Code for allegedly being “masterminds” of the February 2020 riots, which resulted in 53 deaths and over 700 injuries. The violence broke out amid protests against the Citizenship (Amendment) Act (CAA) and the National Register of Citizens (NRC).
