The communal violence that left 53 people dead in northeast Delhi on February 23, 2020, following the nationwide protests against the Citizenship Amendment Act, is often referred to in the media and legal descriptions as the ‘Delhi Riots’. At the peak of the citizenship movement when entire democratic fabric became part of it, the Sangh Parivar unleashed the communal violence with the slogan ‘Goli Maaro Salom Ko’. That planned move carried out with the indirect support of the ruling class became successful; the citizenship movement was thus suppressed under the cover of the Covid lockdown. Back then itself, it was deemed as a one-sided communal attack. Those arrested and charged with cases after the riots were the ones who stood with the victims and led citizenship struggle. All the citizenship movement leaders and activists who were imprisoned then are still behind bars. When the government deliberately exploited the intricacies of the law these social activists lost five precious years. It has been weeks since they appeared before the Supreme Court for bail. The court proceedings, including the one last day, make it clear that they are destined to languish there.
On September 2, the Delhi High Court issued a verdict denying bail to Sharjeel Imam, Umar Khalid, Gulfisha Fatima, Khalid Saifi, Athar Khan, Muhammad Salim Khan, Shifaur Rahman, Meeran Haider, Abdul Khalid, Shadab Ahmed, and Taslim Ahmed, who had been in jail without trial for more than five years. Remember, this case reached the High Court on April 22, 2022, after the Delhi Sessions Court denied bail. A mere bail application has been dragged for three and a half years as the Delhi Police deliberately delayed the filing of the affidavit with the judges recusing themselves from the case several times. Finally, issuing the verdict denying the bail the court clarified its rationale: granting bail on the basis of long detention and delay in trial is not a universally applicable law in all cases. In other words, no matter how long it takes, the technical procedures will take its course. Meanwhile, human justice was not a concern for the court. With the High Court denying bail, these young men approached the Supreme Court in the days followed. Accepting petition in file on September 12, the proceedings were put off for a week. Afterwards the case was considered only to put off again. When the case came up for consideration again on September 22, the court issued a notice to the Delhi Police. Though Justices Arvind Kumar and N.V. Anjaria grilled the police who came up with same affidavit presented at the High Court, the case is still dragging on.
The saddest thing about this case is that there is no evidence related to the violence against any of them now waiting outside courtrooms seeking bail. The police have not been able to present evidence against them despite having charged them under the UAPA for allegedly inciting riots. It can be said that the police were portraying the peaceful protest as a criminal offense. Police mainly cite the WhatsApp groups, created in connection with the civic movement, as evidence of the conspiracy related to the riots. However, the police could not prove that Umar Khalid and others had sent any messages in the WhatsApp groups. On the other hand, there is ample evidence of Sangh Parivar groups calling for riots through WhatsApp groups. The chargesheet filed by the Delhi Police before the Delhi Metropolitan Magistrate on June 29 had details about the WhatsApp group ‘Kattar Hindut Ekta’ used by those involved in the racial attacks to exchange information. In the midst of raging attacks a message, came in a group at 11 pm on February 26, said: ‘We killed two mullas in Bhagirathi Vihar two hours ago’. The messages revealed that thus in attacks that nine people were killed and thrown into the gutter. The charge sheet states that after catching hold of people, eliciting their names, address and thus finding out their religion, they were forced to chant 'Jai Shri Ram'. Those who refused would be beaten, stripped, and pushed into the gutters. The gravity of the human rights violations the young people face, fighting for our civil rights, the unity of the country, and the dignity of the Constitution, becomes clear only when we understand that those who led such groups are now thriving at the height of power. How long will they have to wait for the doors of justice to open?