The CJAR specifically mentions the cases of Gulfisha Fatima and Khalid Saifi who continue to be in prison for over four years
Team Clarion
NEW DELHI — The Campaign for Judicial Accountability and Reforms (CJAR) has expressed grave concerns over excessive delay in bail proceedings and pronouncement of orders in cases involving Muslim activists who were part of protests against the Citizenship Amendment Act (CAA).
“We note with disappointment the disturbing trend in courts where bail matters have been left pending for more than two years without a verdict – a grave violation of the fundamental rights of the individuals,” reads a CJAR statement issued on Wednesday.
The CJAR is a group of the country’s lawyers who work to improve the accountability of judges.
The group specifically mentioned the case of Gulfisha Fatima, a student activist who was arrested in April 2020 in connection with the Delhi riots under the stringent Unlawful Activities (Prevention) Act (UAPA).
“As a result of inordinate judicial delays, Gulfisha continues to languish in prison for more than four years, without any order being pronounced on her bail plea. Gulfisha’s bail matter has been listed for hearing 64 times in the Delhi High Court since she applied for bail on 1st May 2022. The most jarring aspect in this whole process is that Gulfisha’s bail is going to be argued in the Delhi High Court for the third time now,” said the CJAR.
According to the group, the case related to the bail application of Gulfisha Fatima was first delayed in the hearing at the Delhi High Court. When it was heard, the bench delayed in delivering the judgment. Later, the judge who heard the matter was transferred to another high court. It happened two times that the judges, who are part of the bench hearing the bail application, were transferred to another high court. Now, a new bench of Delhi High Court will hear her bail application on 29 August.
The bail application filed by another activist Khalid Saifi faced similar issues at the high court. Saifi was arrested on 26th Feb 2020 and his bail application in the Delhi High Court was first listed on 10th May 2022. He too languishes in prison. His bail appeal has been stuck in the Delhi High Court for more than two years, with two benches having heard arguments on his bail matter extensively, but not delivering a judgment. The bail pleas of some other co-accused have also remained pending in the Delhi High Court in a similar manner.
“Judicial delays are resulting in gross injustice as these people continue to languish in jail with no verdict on their bail pleas. This is a blatant violation of their fundamental rights guaranteed under the Constitution and is especially alarming as trial proceedings have not even begun in FIR 59/20 (Conspiracy case of Delhi riots) after more than four years. By not deciding the bail pleas, the court is allowing the continued misuse of a draconian law like the UAPA against political dissenters merely on insinuations and allegations of the Delhi Police which are yet to be tested during the trial,” noted the CJAR.
The group called on the Delhi High Court and Supreme Court to ensure the judgments of the bail matter in a time-bound manner and the deliverance of the order before a judge is transferred.
Several activists, who were part of the anti-CAA protests, were arrested in connection with the riots which occurred in northeast Delhi in 2020.