On Monday, the Supreme Court directed the Delhi High Court to hear the bail application of activist Gulfisha Fatima, one of the accused in the 2020 Delhi riots case, on the next scheduled date, 25 November.
The Supreme Court bench, comprising Justices Bela M Trivedi and Satish Chandra Sharma, declined to entertain Fatima’s plea for an expedited hearing. The bench instead urged the High Court to proceed with the case unless there were ‘exceptional circumstances’ preventing it.
The bench stated that it would not entertain the present plea and urged the High Court to take up the bail plea on the next date. It pointed out that the individual has served four years and seven months of incarceration and requested that the High Court hear the bail application on the fixed date unless extraordinary circumstances arise.
Fatima, who has remained incarcerated since her arrest in April 2020, sought bail, citing the prolonged delay in the trial and the extended period of her detention.
Sibal Challenges Prolonged Incarceration Of Gulfisha Fatima Without Trial
Senior advocate Kapil Sibal, representing Fatima, argued that the accused, a 31-year-old woman, had been languishing in jail for over four years without the trial commencing.
Sibal questioned the fairness of such prolonged incarceration, emphasizing that the High Court had repeatedly adjourned the case, preventing a timely resolution.
During the hearing, Sibal asserted, “The matter gets adjourned when the board reaches it (before the High Court). What is the point of keeping someone in for four years and seven months in jail? She is a lady, aged 31 years. No question of a trial beginning.”
Despite these concerns, the bench questioned why Fatima had approached the Supreme Court under Article 32 of the Constitution, a provision meant for fundamental rights violations, and ultimately dismissed the plea.
The bench emphasized that it was within the High Court’s jurisdiction to decide on the bail application and encouraged the Delhi High Court to hear the case on the next scheduled date of 25 November.
Earlier, the Supreme Court had disposed of a similar petition filed by another co-accused, Sharjeel Imam, requesting that the High Court expedite his bail application.
Fatima, an MBA graduate, charged with several provisions under the Indian Penal Code and the stringent Unlawful Activities Prevention Act (UAPA) in connection with her alleged involvement in the 2020 Delhi riots.
The charges against her include conspiracy, promoting enmity between different groups, and engaging in unlawful activities.
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