Supreme Court to Hear Bail Pleas of UAPA Activists on Friday

The Supreme Court of India is set to hear the bail applications of activists Umar Khalid, Sharjeel Imam, and Gulfisha Fatima on September 29, 2023. These petitions pertain to their involvement in a case under the Unlawful Activities (Prevention) Act (UAPA), which is linked to the alleged conspiracy behind the February 2020 Delhi riots. The two-judge bench, comprising Justices Aravind Kumar and N.V. Anjaria, will consider the arguments challenging a previous order from the Delhi High Court that dismissed their bail requests.

On September 2, the Delhi High Court had rejected bail for nine individuals, including Khalid and Imam, stating that “conspiratorial violence under the garb of demonstrations or protests by citizens cannot be permitted.” Those denied bail also include Mohd Saleem Khan, Shifa Ur Rehman, Athar Khan, Meeran Haider, Abdul Khalid Saifi, and Shadab Ahmed. A separate bench of the High Court similarly denied bail to another accused, Tasleem Ahmed, on the same day.

Context of the Delhi Riots

The Delhi riots erupted during widespread protests against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC). The violence resulted in the deaths of 53 people and left over 700 injured. The accused face serious charges under both the UAPA and various sections of the Indian Penal Code (IPC), with authorities alleging they played significant roles as “masterminds” in the unrest.

In its decision to deny bail, the Delhi High Court emphasized that while the Indian Constitution guarantees the right to protest and freedom of speech under Article 19(1)(a), this right is not absolute. The court noted, “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.” This statement highlights the delicate balance between civil liberties and maintaining public order.

The activists have been in judicial custody since 2020, and their ongoing detention has drawn significant attention and debate. As the Supreme Court prepares to deliberate on the matter, the outcomes could have implications for how cases related to political protests are handled in India moving forward.