Freed, but silenced: SC bail comes with tight gag, stringent conditions for Gulfisha Fathima, others
New Delhi: The Supreme Court, while granting bail to five accused in the 2020 Delhi riots larger conspiracy case, has imposed an extensive and unusually stringent set of conditions, placing severe restrictions on their movement, speech, and public engagement until the conclusion of the trial.
The five accused Gulfisha Fatima, Meeran Haider, Shifa-ur-Rehman, Mohd Saleem Khan and Shadab Ahmed were granted bail after spending several years in custody under the Unlawful Activities (Prevention) Act (UAPA). However, the relief has come with safeguards that the court itself described as “substantive” and not merely procedural, citing concerns of national security, public order and the integrity of the trial.
As per the order, each of the five appellants is required to execute a personal bond of ₹2 lakh along with two local sureties of the same amount, to the satisfaction of the trial court. They have been barred from leaving the National Capital Territory of Delhi without prior permission. Any request to travel outside Delhi must clearly state the reasons and will be considered strictly on its merits by the trial court.
The court has also directed the appellants to surrender their passports. In cases where no passport exists, they must file an affidavit stating the same. In addition, immigration authorities across the country have been instructed not to allow the accused to leave India under any circumstances without explicit permission from the trial court.
Further tightening the conditions, the appellants must furnish their current residential addresses, contact numbers and email IDs to both the investigating officer and the trial court. Any change in residence or contact details will require at least seven days’ prior written intimation to the authorities.
One of the most onerous conditions requires all five accused to report twice every week on Mondays and Thursdays between 10 am and 12 noon to the Station House Officer at the Crime Branch police station located at the Delhi Police headquarters on Jai Singh Marg. The SHO has been directed to maintain a separate attendance register for each accused and submit a monthly compliance report to the trial court.
The Supreme Court has also imposed sweeping restrictions on the accused’s communication and public presence. They have been expressly barred from contacting, influencing, intimidating or attempting to contact any witness or any person connected with the case. They are also prohibited from associating with or participating in the activities of any group or organisation linked to the subject matter of the FIR.
In a significant curtailment of free expression, the court has restrained the appellants from making, publishing or disseminating any statement, article or post whether in print, electronic or social media relating to the case or its participants until the trial concludes. They have also been prohibited from addressing or attending any programme, meeting, rally or gathering, either physically or virtually, and from circulating any posters, banners, handbills or similar material in any form.
The order further mandates that the accused must fully cooperate with the trial, appear on every date of hearing unless formally exempted, and refrain from any conduct that could delay proceedings. They have been directed to maintain peace and good behaviour during the pendency of the trial.
The court has made it clear that any violation of these conditions, or misuse of the liberty granted, would allow the prosecution to seek cancellation of bail. In such an event, the trial court would be free to revoke bail after giving the accused an opportunity to be heard.
Legal observers have noted that although the five accused have been released from custody, the breadth of restrictions effectively places them under continuous surveillance and limits their civil and political activity for the duration of the trial, which is yet to conclude.
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Experience comes when you play bigger teams in bilateral series: Rashid Khan
Chennai (PTI): Afghanistan skipper Rashid Khan called for more bilateral series against stronger cricketing nations after his team signed off from the T20 World Cup on a high, defeating Canada in their final group match here on Thursday.
Afghanistan played some exhilarating cricket, going down to South Africa in a gripping second Super Over after the scores were tied, a humdinger that provided one of the early thrills of the World Cup.
However, the spin-bowling stalwart said Afghanistan could make significant strides if they get regular opportunities to compete against stronger cricketing nations.
"Couple of areas to improve, with the batting, the middle order got a bit stuck against the big teams, and then with the bowling the death overs. That comes when you play the bigger teams in bilateral series," said Rashid after his team defeat Canada by 82 runs, with him returning excellent figures of 2 for 19.
The stalwart said the side had arrived well prepared for the tournament and produced some breathtaking cricket, but admitted the narrow defeat to South Africa proved costly and remained a painful setback.
"We were well-prepared (for the tournament), we played some unbelievable cricket. The game against South Africa, that really hurt everyone. We had to win one of those (first two) games and see how the tournament unfolded. We'll take some positive things from this World Cup and look forward," he said.
With head coach Jonathan Trott set to part ways with the team, Rashid described the departure as an "emotional" moment for the side.
"I think we had some wonderful times with him. Where we are now, he played a main role. It's emotional to see him leave us, but that's how life is. We wish him all the best and somewhere down the line we see him again."
Ibrahim Zadran, who was named Player of the Match for his unbeaten 95 off 56 balls, said it was satisfying to finally register a substantial score after two below-par outings.
"I enjoyed it, didn't play better cricket in first two innings, which I expect. Wanted to back my skills, really enjoyed it. Pressure was there, it's there all the time. I want to put myself in pressure situations and enjoy it," said Zadran.
"Wanted to play positive cricket, rotate strike and punish bad ball, create partnerships and this is what I have done."
