The Supreme Court on Monday declined to entertain the bail plea of anti-CAA activist Gulfisha Fatima who has been languishing in jail since April 2020 under draconian UAPA in connection with Delhi pogrom conspiracy case.
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 24 November 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,” read the order.
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.
Sibal 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.
Fatima, a community organiser, was arrested on 11 April, 2020 and is currently in judicial custody.
The bench also 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.
