4 Years, 7 Months In Jail: What Is Happening With Gulfisha Fatima?

Gulfisha Fatima, who has been behind the bar for more than four years since she was arrested in 2020 in connection with the Delhi riot, has drawn international attention for the long detention for participating in anti-Citizen Amendment Act (CAA) protest demonstrations. A student activist, Fatima has been charged under the draconian Unlawful Activities Prevention Act (UAPA) of being part of the larger conspiracy in the Delhi riot of 2020.

Of late, the Supreme Court on Monday, November 11, declined to entertain a bail plea filed by the 31-year-old activist, who has been in jail for the past four years and seven months, and whose bail application has been pending for more than two years in High Court. The top court has, however, asked the Delhi High Court to consider the plea on November 25.

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The police arrested Fatima on April 11, 2020, on charges of rioting while leading the protest opposing the religiously discriminatory CAA act introduced by the Union Government in December 2019. The police imposed other serious sections, including IPC section 147, rioting with deadly weapon, section 148, murder, and charges such as raising funds for unlawful acts and conspiracy against Fatima.

Notably, though Fatima was granted bail in May 2020 in the Jaffrabad protest case, she was made to remain in jail under some other FIRs. Despite national and international clamor to release the activist, including from the UN experts, Fatima remained incarcerated, inviting global flak that the criticism of government policies has not been tolerated under the NDA dispensation. The US commission for religious freedom had also voiced its concern over the long detention of the young activist.

Read Also: In Delhi Riots Cases, Bail Pleas To Be Heard Afresh For Third Time After Judges’ New Appointments

While declining to entertain the case, the Supreme Court has requested the High Court to hear the plea on a fixed date, unless there are exceptional circumstances. Senior advocate Kapil Sibal appeared for the petitioner and highlighted that… has been inside the jail for four years and seven months. “And on 24 dates, the bench was adjourned because the presiding officer was on leave, and on the other 26 dates, no arguments were heard, and the matter was simply adjourned. And on two separate dates, arguments heard, order reserved,” the lawyer said, adding that it will again go on, and the matter gets adjourned when the board reaches it. “What is the point of keeping someone in jail for 4 years and 7 months? She is a lady, aged 31 years. No question of a trial beginning,” he noted.

The Court insisted that it was following the procedure, stating that it was 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 has been under custody for 4 years and 7 months, it is requested that the bail application be heard on the date fixed unless there are extraordinary circumstances,” the Court observed.

Sibal had urged for a time frame to be fixed for the High Court to decide on the matter. Many have slammed the court’s decision to linger the bail application. “4 yrs, 7 months of incarceration, 2 years 7 months of bail application pending in HC. But honourable lordships do not consider it a matter of denial of fundamental rights. Oh sorry I forgot if you are a Muslim and a prisoner, you are not really a citizen,” wrote an X user, Natasha Narwal.

4 yrs, 7 months of incarceration, 2 years 7 months of bail application pending in HC. But honourable lordships do not consider it a matter of denial of fundamental rights.
Oh sorry I forgot if you are a Muslim and a prisoner, you are not really a citizen
https://t.co/miAZBASMrj

— Natasha Narwal (@natasha_narwal) November 11, 2024

Several activists, students, and protesters were detained by the police during the demonstrations held in 2020 against the controversial CAA act. The act allegedly discriminated against Muslims while entertaining citizenship from other minority groups across India. Police had framed cases against many protesters, leading to years of legal battle and imprisonment. Earlier this year, former JNU student and activist Sarjeel Imam was granted bail and still kept in jail. While hearing…’s case, the court noted that a similar writ petition was filed by co-accused Sharjeel Imam, which was dismissed by the same bench on October 25, asking the Delhi High Court to hear the matter immediately.

Charge sheets were filed against several activists, including students of the central universities such as JNU and Jamia Millia Islamiya.