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Gulfisha Fatima completes five years behind bars as bail plea remains pending

Gulfisha Fatima, a young activist and MBA graduate from Delhi, has completed five years in Jail.

Gulfisha has jailed under charges linked to the 2020 Delhi riots. Despite the passage of half a decade, Fatima remains incarcerated without trial, her bail plea pending for nearly three years before the Delhi High Court—a constitutional court tasked with safeguarding fundamental rights.

Fatima, now 32, was first arrested on 9 April 2020 under FIR 48—related to a roadblock protest against the Citizenship Amendment Act (CAA) in Jafrabad, Delhi.

Despite a lack of concrete evidence against her and multiple Supreme Court directives urging expedited bail proceedings, Fatima has spent more time in jail awaiting a decision on her bail than many of her co-accused.

Fatima’s lawyer, Sarim Naved, continues to argue that there is no substantial evidence to support the severe allegations made against her, including accusations of planning riots and instigating violence.

As the case drags on, Fatima’s bail plea has been heard by three different benches of the Delhi High Court, with the latest hearing scheduled for 16 April 2025.

Her family, including her 30-year-old brother Hussain, continues to await her release with a mixture of pain and hope.

“There is no point in being depressed. Hope keeps us alive,” Hussain said, reflecting the emotional toll that years of uncertainty have taken on her family.

Despite the frustration surrounding the delay, Fatima has managed to stay positive during her time in jail, spending her days painting and teaching women and children.

Her resilience has been a source of strength for her loved ones, even as they continue to question why it has taken so long for the court to decide on her release.

The case has raised concerns about the treatment of activists and the application of the Unlawful Activities (Prevention) Act (UAPA), with many legal experts highlighting the slow pace of justice and the disproportionate time activists like Fatima have spent behind bars without trial.

As the legal battle continues, Fatima’s case remains a poignant example of the ongoing struggle for justice and accountability in India.

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