The Supreme Court on Friday adjourned the hearing of bail petitions filed by activists Umar Khalid, Sharjeel Imam, Gulfisha Fatima, and Meeran Haider, all charged under the Unlawful Activities (Prevention) Act (UAPA) in connection with the 2020 Delhi riots. The bench, comprising Justices Aravind Kumar and Manmohan, has now fixed September 22 as the next date for consideration. The activists, who have been in jail since 2020, challenged a Delhi High Court order of September 2 that had rejected bail pleas of nine accused, including Khalid and Imam, citing concerns over “conspiratorial violence” disguised as public demonstrations.

The Delhi High Court had observed that while Article 19 of the Constitution safeguards the citizens’ right to protest and make public speeches, these rights are not absolute and remain subject to reasonable restrictions. The court argued that unrestricted protests could threaten law and order, thereby undermining the constitutional framework. Besides Khalid and Imam, others whose bail pleas were rejected include Shifa Ur Rehman, Athar Khan, Abdul Khalid Saifi, Shadab Ahmed, and Mohd Saleem Khan. The bail application of another accused, Tasleem Ahmed, was separately dismissed by a different bench earlier this month.

The accused, who firmly deny the allegations, were booked for allegedly being the “masterminds” of the riots that erupted during anti-CAA and NRC demonstrations in February 2020, which claimed 53 lives and left more than 700 people injured. They argue that their incarceration without bail for over five years violates the principles of justice and fair trial. Their plea stresses that participation in peaceful protests and public discourse, a right protected by the Constitution, should not be conflated with incitement to violence. The Supreme Court’s upcoming hearing is expected to be crucial in shaping the balance between national security concerns and the fundamental right to dissent.