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Trial court's order rejecting Fatima's bail had noted she was the one who as part of the conspiracy received women protesters at Seelampur, Jafrabad coming from Jahangir Puri to initiate the violence
A division bench of the Supreme Court has today refused to entertain an Article 32 petition filed by 2020 Delhi riots case accused Gulfisha Fatima.
Senior Advocate Kapil Sibal, appearing for Fatima, submitted before a bench of Justices Bela M Trivedi and SC Sharma that Fatima has been in jail for 4 years while her bail application has been pending for last 2 and a half years.
"Since petitioner has been in custody for over 4 years, it is requested that case be heard on the next fixed date unless there are extraordinary circumstances..", the bench went on to order noting that High Court is slated to her the bail plea on November 25.
Delhi Police had registered a case under the Indian Penal Code, 1860, and the Unlawful Activities (Prevention) Act, 1967. The accused in the case are Tahir Hussain, Umar Khalid, Khalid Saifi, Isharat Jahan, Meeran Haider, Gulfisha Fatima, Shifa-Ur-Rehman, Asif Iqbal Tanha, Shadab Ahmed, Sharjeel Imam, Tasleem Ahmed, Saleem Malik, Mohd. Saleem Khan, Athar Khan, Safoora Zargar, Faizan Khan, and Natasha Narwal.
High Court is hearing an appeal filed by Fatima, challenging the trial court's order denying bail in a criminal conspiracy to orchestrate the February 2020 riots. Fatima was denied bail by Trial Court in March 2022.
Additional Sessions Judge Amitabh Rawat of the Karkardooma Court, on March 17, 2022 had rejected Gulfisha’s bail and stated that allegations against her were prima facie true and that it had reasonable grounds to reject her bail application.
The Court had found that Gulfisha was present in North East Delhi at the time of the riots and as per witness statements, she was the one who started the blockade and prompted an attack on police personnel and others with weapons like dande, Lal-mirch powder and others in Jafrabad area which had a "cascading effect leading to riots".
As per the rial court's order, Gulfisha was also present at a midnight secret meeting on 16/17.02.2020 at Chand Bagh for chakkajam. She was also involved in the incident of 22.02.2020 at Jafrabad Metro Station.
Last month, Supreme Court had also refused to entertain an Article 32 petition filed by Sharjeel Imam, another accused in the larger conspiracy of Northeast Delhi riots in 2020. Justices Bela M Trivedi and SC Sharma had noted that Imam also could not have moved an Article 32 petition before the top court while his bail plea was pending before the Delhi High Court.
Case Title: Gulfisha Fatima vs. State of NCT Delhi
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