The Supreme Court of India on Monday inquired into the ongoing delays in the bail applications of anti-Citizenship Amendment Act (CAA) activists, highlighting concerns surrounding their prolonged incarceration. Justice Aravind Kumar questioned the Delhi Police regarding the reasons behind not timely addressing the bail pleas linked to the Delhi pogrom conspiracy.
Justice Kumar reminded Additional Solicitor General S.V. Raju that sufficient time had already been allotted for the Delhi Police to present a counter-affidavit. “We have given you enough time. You may be appearing for the first time. Last time we said we would hear this matter on October 27 and dispose of it,” he stated. The bench, consisting of Justices Kumar and N.V. Anjaria, denied Raju’s request for an additional two weeks, emphasizing that enough opportunities had been provided. Justice Kumar questioned the necessity of a counter-affidavit in a bail matter, further expressing reluctance at Raju’s plea for even a week’s extension.
Senior Advocate Kapil Sibal, representing Umar Khalid, underscored the fact that the petitioners have been incarcerated for over five years. Senior Advocate A.M. Singhvi further noted that the crux of the case revolves around delays in both trial and hearings, warning that further postponement would exacerbate the injustice faced by the petitioners.
As the court scheduled the matter for hearing again on Friday, Justice Kumar remarked, “See also Mr. Raju, examine if you can think of coming out with something…” hinting that the Delhi Police should consider the possibility of granting bail based on the lengthy period already served.
The ASG responded, “Let me have a look at it, but sometimes appearances can be deceptive.” In response, Justice Kumar reiterated, “We are not saying we have read it thread-bare. After all, it is a matter of bail… five years they have completed.”
The petitioners challenging the Delhi High Court’s September 2 judgment, which denied them bail in FIR 59 of 2020 filed by the Delhi Police’s Special Cell, include prominent activists Umar Khalid, Sharjeel Imam, Meeran Haider, Gulfisha Fatima, and Shifa-Ur-Rehman.
Previously, the matter was scheduled for a hearing on September 19, but Justice Manmohan recused himself due to prior association with Kapil Sibal’s chambers. The case was also deferred on September 12 because the files reached the bench late.
The accused, who include students and human rights activists involved in the anti-CAA protests of 2019-2020, face charges under the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code, alleging their involvement in orchestrating a broader conspiracy that led to violence in Delhi in February 2020.
Notable individuals mentioned in the case include Tahir Hussain, Khalid Saifi, Ishrat Jahan, Meeran Haider, Gulfisha Fatima, Shifa-Ur-Rehman, Asif Iqbal Tanha (who was granted bail in 2021), Shadab Ahmed, Tasleem Ahmed, and Safoora Zargar (granted bail on humanitarian grounds). The September 2 order denied bail to multiple individuals including Umar Khalid, Sharjeel Imam, Athar Khan, Khalid Saifi, Mohammad Saleem Khan, Shifa-Ur-Rehman, Meeran Haider, Gulfisha Fatima, and Shadab Ahmed, all of whom have spent over five years in custody without trial.
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