Delhi Riots of 2020, which erupted during protests against the Citizenship Amendment Act (CAA), have led to a prolonged legal battle for the 18 individuals accused of conspiring to incite the violence. Despite the gravity of the charges, only six of the accused have been granted bail so far, while the rest face significant delays in their cases.
Delayed justice in Delhi riots cases and procedural hurdles
The bail applications of the remaining accused have been delayed and prolonged by numerous adjournments, bench changes, and pending orders. For instance, Sharjeel Imam’s bail plea, first listed on April 29, 2022, has been heard 73 times with six changes in the bench, with no judgment reserved yet.
Similarly, Meeran Haider’s plea, listed on May 20, 2022, has faced 76 listings and eight bench changes, with judgment reserved on March 6, 2023. Gulfisha Fatima’s case, listed on May 11, 2022, has seen 73 listings and four bench changes, with judgment reserved on February 13, 2023.
The delays have been further exacerbated by judicial transfers and recusals. Justice Siddharth Mridul’s transfer to the Manipur High Court as the new Chief Justice required a re-hearing of all bail applications by a new bench. The special bench of Justices Suresh Kait and Manoj Jain, which started hearing cases in January 2024, has also faced delays, with the matter now pending before a new bench after Justice Amit Sharma’s recusal.
Concerns Raised by Legal Professionals
In response to the delays and procedural hurdles, over 100 lawyers and legal professionals have issued an open letter under the National Alliance for Justice, Accountability & Right initiative (NAJAR), appealing to the judiciary for swift action on bail applications and speedy justice for the accused activists.
The letter highlights key concerns, such as the non-application of precedent, the use of the Watali case judgment to justify the rejection of bail despite discrepancies noted by the defence, and the lack of measures to ensure timely orders in cases of judicial transfers or elevations.
Demands for expedited hearings and compensation
The NAJAR open letter calls upon the Supreme Court and the Delhi High Court to take immediate action to address the pattern of injustice.
They demand that all bail petitions in the FIR 59/2020 case be heard and decided within a maximum of two weeks and that appropriate compensation be paid to the accused and their families for the extensive delays they have endured.
The letter also emphasizes the need for measures to ensure that judges who have concluded hearings or reserved judgments are required to pass orders on bail matters in cases of judicial transfers or elevations.
As the legal battle continues, the accused activists and their supporters remain hopeful that the judiciary will uphold the principles of fairness and justice, ensuring that the delays and procedural hurdles do not undermine their fundamental rights.
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