Delhi Riots: SC To Decide On Bail Of UAPA Accused

A two-judge bench of Justices Aravind Kumar and N.V. Anjaria is expected to take up their petitions challenging the September 2 Delhi High Court order that rejected their bail applications.

The High Court had denied bail to nine persons, including Khalid and Imam, observing that “conspiratorial violence under the garb of demonstrations or protests by citizens cannot be permitted.” Those denied bail included Khalid, Imam, Fatima, Mohd Saleem Khan, Shifa Ur Rehman, Athar Khan, Meeran Haider, Abdul Khalid Saifi, and Shadab Ahmed. The bail plea of another accused, Tasleem Ahmed, was rejected by a separate High Court bench on the same day.

The court noted that while the Constitution guarantees citizens the right to protest and make speeches under Article 19(1)(a), the right is not absolute and is subject to reasonable restrictions. “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,” the High Court observed.

The accused are facing charges under the Unlawful Activities (Prevention) Act (UAPA) and provisions of the IPC for allegedly being the “masterminds” of the riots, which erupted during protests against the CAA and NRC and left 53 people dead and over 700 injured. They have been in judicial custody since 2020.