New Delhi: Delay in bail proceedings and pronouncement of orders in cases involving political dissenters are a matter of extreme concern and raise questions against the current regime, the Campaign for Judicial Accountability and Reforms (CJAR) has said.
Judicial delays are causing gross injustice and leading to continued incarceration of anti-CAA protestors and denial of their liberty, the CJAR said in a statement.
“We note with disappointment the disturbing trend in courts where bail matters have been left pending for more than two years without a verdict – a grave violation of the fundamental rights of the individuals.
Giving the example of the bail hearings of Gulfisha Fatima, who has been booked under the UAPA and was arrested in April 2020, the CJAR said that while Devangana Kalita, Natasha Narwal and Asif Iqbal Tanha, who are co-accused in the same case were granted bail in June 2021, Fatima continues to be in jail.
While granting bail to the trio, the Delhi High Court had said “We are constrained to say, that it appears, that in its anxiety to suppress dissent and in the morbid fear that matters may get out of hand, the State has blurred the line between the constitutionally guaranteed ‘right to protest’ and ‘terrorist activity’.”
Later, the Delhi police had challenged the Delhi High Court order but the Supreme Court had upheld the same.
“In light of the Supreme Court order, Gulfisha whose role as alleged by Delhi Police is similar to Devangana and Natasha’s roles should have been able to secure bail. However, as a result of inordinate judicial delays, Gulfisha continues to languish in prison for more than four years, without any order being pronounced on her bail plea,” said the CJAR statement.
“Gulfisha’s bail matter has been listed for hearing 65 times in the Delhi High Court since she applied for bail on 1st May 2022. The most jarring aspect in this whole process is that Gulfisha’s bail is going to be argued in the Delhi High Court for the third time now,” the CJAR added.
The CJAR statement also mentioned the case of Khalid Saifi, who too had participated in the movement for equal citizenship.
“Khalid Saifi was arrested on 26th Feb 2020 and his bail application in the Delhi High Court was first listed on 10th May 2022. He too languishes in prison. His bail appeal has been stuck in the Delhi High Court for more than two years, with two benches having heard arguments on his bail matter extensively, but not delivering a judgement. The bail pleas of some other co-accused have also remained pending in the Delhi High Court in a similar manner,” CJAR said in the statement.
CJAR added that judicial delays are resulting in gross injustice as people continue to languish in jail with no verdict on their bail pleas, leading to blatant violation of their fundamental rights guaranteed under the Constitution. It is especially alarming as trial proceedings have not even begun in FIR 59/20 after more than four years, said CJAR.
“By not deciding the bail pleas, the court is allowing the continued misuse of a draconian law like the UAPA against political dissenters merely on insinuations and allegations of the Delhi Police which are yet to be tested during the trial,” said CJAR.
“We therefore call upon the Delhi High Court and the Supreme Court to take cognisance of this gross injustice and ensure that bail matters are decided in a time-bound manner. Appropriate institutional procedures should be put in place to ensure that in the event a judge is transferred or elevated, they must deliver the verdict in all bail matters in which arguments have been concluded and the judgment is reserved,” the statement added.
