Student activist Gulfisha Fatima, an accused in a case filed under the Unlawful Activities (Prevention) Act (UAPA) for her alleged role in the conspiracy behind the February 2020 northeast Delhi riots, argued before the Delhi High Court on Tuesday that she was only part of a peaceful protest and there is no evidence linking her to any acts of violence.
Fatima’s counsel presented rejoinder arguments before a division bench comprising Justices Navin Chawla and Shalinder Kaur, as part of her ongoing bail plea. Her lawyer strongly disputed the prosecution's claims, which allege that she instigated local women to gather red chilli powder, bottles, and sticks to be used during the protests.
Refuting these allegations, her counsel emphasised that no such items were recovered from Fatima’s possession. He stated that she merely helped organize a protest site at Seelampur, where she was also a resident, and acknowledged that she was present at the chakka jam (road blockade) in Jafrabad, which he maintained was non-violent.
“There is no recovery of any lal mirch (red chilli powder), bottles, or danda (sticks) from me. There is no medical-legal case (MLC) report indicating anyone was injured at the protest site where the petitioner was present. None of the acts attributed to her were actually committed by her,” her lawyer asserted.
The defense also questioned the credibility of the prosecution’s witnesses, suggesting that their statements were unreliable and manipulated. “Not one witness has come forward voluntarily,” he claimed, adding that the prosecution was attempting to "twist facts."
Fatima's counsel further argued that her alleged involvement in the case was even less significant than that of fellow Pinjra Tod activists Devangana Kalita and Natasha Narwal, who were granted bail by the Delhi High Court in June 2021. Previously, the trial court had denied bail to Fatima on March 16, 2022. The Delhi High Court has now scheduled the matter for further hearing on July 1.
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Fatima is among several activists, including Umar Khalid, Sharjeel Imam, and Khalid Saifi, who have been charged under the UAPA and sections of the Indian Penal Code. Authorities claim that these individuals were the masterminds behind the February 2020 Delhi riots, which erupted during protests against the Citizenship (Amendment) Act (CAA) and the National Register of Citizens (NRC). The riots claimed 53 lives and left over 700 people injured.
The police have opposed the bail applications of all the accused, alleging that the riots were the result of a "clinical and pathological conspiracy." They claim the speeches delivered by the accused—including Khalid, Imam, and others—followed a common narrative that incited fear by invoking topics such as the CAA-NRC, the Babri Masjid verdict, "triple talaq," and the issue of Kashmir.
Law enforcement has further argued that, given the serious nature of the charges, the general principle of "bail is the rule and jail is the exception" should not apply in this case. They also asserted that there has been no delay caused by the prosecution in the trial process, and cautioned that the right to a speedy trial should not be interpreted as a "free pass" for bail.
The bail pleas of Sharjeel Imam, Khalid Saifi, Gulfisha Fatima, and others have been pending before the Delhi High Court since 2022 and have been heard by various benches over time. Umar Khalid’s bail plea also remains under consideration.
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