The Supreme Court on Monday issued a notice to the Delhi Police after the Delhi High Court rejected the bail plea of the accused in the north-eastern Delhi riots of 2020. Petitioners Sharjil Imam, Umar Khalid, Gulfisha Fatima, Miran Haider and Shifa ur Rehman challenged the Delhi High Court verdict in which they were refused to grant them bail in case of alleged major conspiracy lodged against them under the Unlawful Activities Prevention Act (UAPA).
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The Supreme Court has scheduled the hearing for 7 October. For the last five years, the jailed activists Omar Khalid, Shaziil Imam and eight others were refused to bail by the Delhi High Court earlier this month. The case is related to an anti-terrorism law related to the alleged conspiracy behind the riots in the national capital in February 2020. A bench of Justice Naveen Chawla and Justice Shailinder Kaur dismissed all the bail petitions filed by Khalid, Imam, Mohammad Salim Khan, Shifa Ur Rehman, Athar Khan, Miran Haider, Abdul Khalid Saifi, Gulfisha Fatima and Shadab Ahmed.
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The High Court dismissed the arguments of the Imam and Khalid, saying that the matter seems prima facie serious and both gave speeches to the members of the Muslim community to mobilize on a large scale. The order states that if it is allowed to exercise the external right to protest, it would damage the constitutional structure and affect the law and order of the country. No conspiracy violence can be allowed by citizens under the guise of protest or demonstrations. Such actions should be controlled and controlled by state machinery, as they do not come under the purview of expression, speech and union.