2020 Delhi riots case: Gulfisha Fatima walks out of Tihar jail

New Delhi, Jan 7 (PTI) Gulfisha Fatima, one of the accused in the 2020 northeast Delhi riots conspiracy case, walked out of Tihar Jail on Wednesday, hours after a Delhi court issued her release orders following bail from the Supreme Court, jail sources said.

The remaining three accused, for whom the release orders were issued early Wednesday, are also expected to be freed once all procedural formalities are completed.

Earlier in the day, a Delhi court issued release orders for the four accused after they furnished bail bonds of Rs 2 lakh each with two local sureties, as directed by the Supreme Court. The fifth accused, who was also granted bail by the apex court on Monday, did not appear before the court to furnish bail bonds.

The court noted that all bail conditions had been complied with and passed the orders for their release after Delhi Police submitted verification reports of the sureties and documents.

The Supreme Court had on Monday denied relief to Umar Khalid and Sharjeel Imam, observing that a prima facie case under the Unlawful Activities (Prevention) Act was made out against them, but granted bail to the five accused, citing a hierarchy of participation.

With regard to Fatima's case, the top court said she did not exercise independent command, resource control, or strategic oversight over multiple protest sites during the agitation against the Citizenship (Amendment) Act.

"The allegation that Gulfisha Fatima mobilised local women and coordinated protest-site logistics, though relevant to the prosecution's case, does not presently disclose that she exercised independent command, resource control, or strategic oversight over multiple protest sites.

"The prosecution itself asserts that directions were conveyed to her by others higher in the asserted hierarchy. In these circumstances, this court finds that the level of attributed agency and control does not justify continued incarceration once the investigative purpose stands substantially fulfilled," the bench said.

Directing the trial court to expedite the process of bail, the bench had imposed 11 conditions and said the misuse of liberty would attract the cancellation of the bail.

The February 2020 riots in northeast Delhi broke out during protests against the Citizenship (Amendment) Act (CAA) and the National Register of Citizens (NRC), leaving 53 people dead and more than 700 injured.

Of the 20 accused named in the case, two are still absconding and the remaining 18 had applied for bail in the case in the past.

Out of 18, seven are still in prison -- Salim Malik, Sharjeel Imam, Umar Khalid, former Aam Aadmi Party leader Tahir Hussain, Athar Khan, Tasleem Ahmed and Khalid Saifi. PTI BM RT RT