Northeast Delhi riots: SC declines to entertain bail plea of Gulfisha Fatima, directs high court to hear matter | Delhi News
The Supreme Court on Monday declined to entertain the bail plea of UAPA-accused Gulfisha Fatima, arrested in connection with the larger conspiracy case behind the 2020 Northeast Delhi communal riots.
A bench of Justices Bela M Trivedi and Satish Chandra Sharma noted that the matter has been fixed for hearing before the Delhi High Court on November 24 and asked the court to hear it on that day itself.
“We are not inclined to entertain the writ petition under Article 32 of the Constitution. It is stated that the next date fixed before the High Court is 25th November. Since the petitioner is under custody for four years and seven months, it is requested that the bail application may be heard on the date fixed unless there are extraordinary circumstances,” the bench said in its order.
Fatima was arrested on April 11, 2020 and is currently in judicial custody.
Taking up the matter for hearing, the bench pointed out it had disposed of a similar plea by Sharjeel Imam, who is also an accused in the case, asking the high court to hear it at the earliest.
On the delay in deciding her bail plea, Senior Advocate Kapil Sibal – appearing for Fatima – said that on 24 dates, the hearing was adjourned as the presiding officer was on leave and on 26 other dates, it was not heard.
Expressing doubts that the matter may only get delayed before the high court again, he said, “The matter gets adjourned when the board reaches it. What is the point of keeping someone for four years and seven months in jail! She is a lady, aged 31 years. No question of a trial beginning.”
Justice Trivedi made it clear that the matter ought to be heard. “There is no doubt about that,” she said.
The bench pointed out that Fatima had approached it in a writ petition under Article 32 and added that it cannot be done when statutory remedy is pending before the high court.
