Prolonged incarceration makes ‘caricature’ of justice system, 2020 Delhi riots accused tells SC

Activist Gulfisha Fatima, accused of being part of a “larger conspiracy” behind the 2020 Delhi riots, told the Supreme Court on Tuesday that the prolonged incarceration of undertrials in the case makes “a caricature of our criminal justice system”, Bar and Bench reported.

Fatima and four others – Umar Khalid, Sharjeel Imam, Meeran Haider and Shadab Ahmad – have challenged a September 2 Delhi High Court order that dismissed their bail applications.

The five persons had been arrested between January and September 2020 in connection with the communal violence that broke out in North East Delhi in February 2020 between supporters of the contentious Citizenship Amendment Act and those opposing it. The violence had left 53 dead and hundreds injured. Most of those killed were Muslims.

Appearing for Fatima on Tuesday, advocate Abhishek Manu Singhvi told a bench of Justices Aravind Kumar and NV Anjaria that such extended incarceration amounts to “pre-trial conviction”, Bar and Bench reported.

Singhvi added: “Nobody needs to be punished like this unless they are convicted.”

Advocate Kapil Sibal, appearing for Khalid, told the court that he cannot be held responsible for delays in the trial, Bar and Bench.

Sibal argued that if bail were denied, Khalid would remain in jail for “another three years” as an undertail despite no “single act of violence” being attributed to him.

“That will...

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