New Delhi: The Delhi Police on Monday opposed the bail plea of student activist Gulfisha Fatima in the high court in a case concerning the “larger conspiracy” behind the riots of February 2020.
Special Public Prosecutor Amit Prasad argued before a bench of Justices Siddharth Mridul and Rajnish Bhatnagar that Fatima was continuously involved in the conspiracy and there was a plan to spread misinformation and create groups.
He emphasised that Fatima attended the conspiratorial meetings which were “secret” and there are incriminating chat messages between the accused persons as he defended a trial court order refusing to release her in the matter.
“In the chats, it can be seen that they are planning something which can’t be disclosed. Her involvement is continuous through and through,” Prasad said.
Fatima, along with several others, has been booked under the anti-terror law — Unlawful Activities (Prevention) Act (UAPA) — in the case for allegedly being the “masterminds” of the February 2020 riots, which had left 53 people dead and over 700 injured.
The violence erupted during the protests against the Citizenship (Amendment) Act (CAA), 2019, and the National Register of Citizens (NRC).
Fatima has sought bail from the court on the ground that she has made no objectionable speeches and merely because co-accused Umar Khalid has been denied the relief, the same conclusion should not be drawn for her and the role of each accused has to be examined separately.
Her counsel has earlier said that the high court’s powers are “unfettered” and there is a need to take a holistic view of the material against her.
It was also argued that no role has been ascribed to her in encouraging the violence and the possibility of the witness statements against her being “tailored” cannot be ruled out.
It was argued that all the witnesses participated in the protests and even attended certain meetings between the accused persons and therefore they were “unpardoned accused masquerading as witness” and the court should take this into account while deciding her bail plea.
It was also said that in spite of a witness statement on the use of “mirchi powder” and “danda” (club) during a meeting of the accused persons, “there is not a single piece of evidence to suggest that any mirchi powder, any glass bottles are eventually used”.
On March 16, 2022, the trial court had refused to grant bail to her in the case.
The matter would be heard next on January 16.
