New Delhi (PTI): The Supreme Court on Monday deferred to October 31 hearing on bail pleas of activists Umar Khalid, Sharjeel Imam, Gulfisha Fatima and Meeran Haider in the UAPA case related to the alleged conspiracy behind the February 2020 riots in Delhi.
A bench of Justices Aravind Kumar and N V Anjaria adjourned the matter after Additional Solicitor General S V Raju sought time.
Raju sought two weeks time to file reply in the case but the top court said it would hear the matter on Friday.
"Frankly speaking, in bail matters there is no question of filing counter," the bench said.
The top court on September 22 had issued notice to the Delhi Police and sought its response.
The activists have moved the apex court challenging the Delhi High Court order passed on September 2.
The high court denied bail to nine people, including Khalid and Imam, saying "conspiratorial" violence under the garb of demonstrations or protests by citizens could not be allowed.
Besides Khalid and Imam, those who faced bail rejection are Fatima, Haider, Mohd Saleem Khan, Shifa Ur Rehman, Athar Khan, Abdul Khalid Saifi and Shadab Ahmed.
The bail plea of another accused, Tasleem Ahmed, was rejected by a different high court bench on September 2.
The high court said the Constitution affords citizens the right to protest and carry out demonstrations or agitations, provided they are orderly, peaceful and without arms, and such actions must be within the bounds of law.
While the high court said the right to participate in peaceful protests and to make speeches in public meetings was said to have been protected under Article 19(1)(a), and couldn't be blatantly curtailed, it observed the right was "not absolute" and "subject to reasonable restrictions".
"If the exercise of an unfettered right to protest were permitted, it would damage the constitutional framework and impinge upon the law and order situation in the country," the bail rejection order said.
Khalid, Imam and the rest of the accused persons were booked under the Unlawful Activities (Prevention) Act (UAPA) and provisions of the erstwhile IPC for allegedly being the "masterminds" of the February 2020 riots, which left 53 people dead and over 700 injured.
The violence erupted during the protests against the Citizenship (Amendment) Act and the National Register of Citizens.
The accused, who have denied all the allegations against them, have been in jail since 2020 and had moved the high court after a trial court rejected their bail pleas.
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Bengaluru (PTI): Karnataka Deputy Chief Minister D K Shivakumar on Friday said he has no personal involvement in action taken against certain Congress leaders from the minority community following allegations of an internal conspiracy during the recently held Davanagere South bypolls.
He clarified that the decisions were taken by the party high command based on available reports.
Asserting that party discipline is of utmost importance, Shivakumar, who is also the Karnataka Pradesh Congress Committee (KPCC) president, sought to downplay concerns that action against minority leaders may send the message that “Muslims are being targeted.”
“I don’t have any personal involvement in this. Whatever decisions are taken are made by the party leadership. The party has its own reports. Decisions regarding MLAs or MLCs cannot be taken at the state level without instructions from Delhi,” he said.
Speaking to reporters, he added, “People may blame me; I am not concerned. Everyone must function in accordance with party discipline.”
Responding to concerns within sections of the party that recent actions may convey the impression that minority leaders are being targeted, he said the Congress exists for the welfare of Scheduled Castes, Scheduled Tribes, minorities, backward classes, farmers, and all sections of society.
The Congress has suspended MLC K Abdul Jabbar from primary membership and relieved another MLC, Naseer Ahmed, from the post of Chief Minister’s political secretary.
The action followed allegations by a group of Muslim leaders that certain party members conspired to defeat the official candidate in Davanagere South.
Following the action, speculation has emerged that Housing Minister B Z Zameer Ahmed Khan may also face disciplinary measures during the next cabinet reshuffle.
The three leaders had reportedly sought a Muslim candidate for the Davanagere South bypoll ticket, which the party instead allotted to the late MLA Shamanur Shivashankarappa’s grandson, Samarth Mallikarjun.
They were also said to have not actively participated in the campaign.
Shivakumar also rejected claims of factionalism within the ruling party amid speculation that leaders close to Chief Minister Siddaramaiah were being targeted.
Naseer Ahmed and Zameer Ahmed Khan are considered close to the CM.
Rejecting allegations of factionalism within the party, Shivakumar said, “We speak to each other every day. It is the media that creates divisions. Where is my faction? Has anyone put up a board saying they belong to the Siddaramaiah faction? Have I put up any such board?”
“All 139 legislators are my people, and they are all Siddaramaiah’s people as well. Everyone belongs to the Congress,” he added, saying there are no factions within the party and that such claims are media-driven.
Public Works Department (PWD) Minister Satish Jarkiholi met Shivakumar on Friday, a day after expressing concerns that disciplinary action against minority leaders may send the wrong message.
Shivakumar said he discussed with Jarkiholi the need to decongest Bengaluru traffic by diverting vehicles entering the city from state and national highways, along with party-related issues.
“We also discussed political matters in the interest of the party and the need to work together,” he said.
Later, speaking to reporters, Jarkiholi said he discussed with Shivakumar the issue of withdrawing Jabbar’s suspension. He said he will also visit New Delhi next week to meet the high command and discuss state developments.
“Jabbar’s suspension was discussed (with Shivakumar). It should be withdrawn. Let’s issue him a notice and allow him to reply. Then let’s send the report to the high command and seek their approval. High command approval is necessary because the instructions came from there. It may take some time,” he said.
Stating that he met the KPCC chief for “damage control,” the minister said, “We have tried to convince him. Sometimes certain decisions happen that need rectification.”
