India celebrates its 78th Independence Day, a group of over 100 advocates, law researchers, and activists have raised serious concerns over the prolonged judicial delays in the bail applications of those accused in FIR 5G/2020, related to the February 2020 Northeast Delhi riots.
The National Alliance for Justice, Accountability, and Rights (NAJAR) issued a statement expressing deep dismay over the inordinate delays faced by the accused, many of whom are students, activists, and local Muslim residents, charged under the stringent Unlawful Activities (Prevention) Act (UAPA).
NAJAR highlights that out of the 18 individuals arrested in connection with this case, only six have been granted bail so far.
The others are caught in a web of judicial delays, with judgments being reserved but not delivered, or hearings disrupted by the transfer or recusal of judges.
These delays have led to a situation where bail hearings have been listed 60-70 times in many cases without any resolution, raising serious questions about judicial accountability. NAJAR strongly argues that “process has become punishment” for these law-abiding activists, effectively infringing on their fundamental rights to liberty and a speedy trial.
The statement poignantly describes the plight of those still incarcerated, whose lives are slipping away as they await a verdict on their bail applications.
The activists had participated in peaceful protests against the Citizenship Amendment Act (CAA), National Register of Citizens (NRC), and National Population Register (NPR)—a movement that stood for democracy, secularism, and constitutional values.
The delays in their bail hearings are seen as not just legal failures but as moral ones, undermining the principles of justice and freedom that the country stands for.
In their appeal to the Supreme Court and Delhi High Court, NAJAR calls for the expeditious resolution of bail petitions within two weeks.
They also demand that appropriate compensation be paid to the accused and their families for the prolonged delays. Additionally, they propose the institution of a fair judicial system where judges are required to pass orders in bail matters before their transfer or elevation.
In a positive development, the Supreme Court, through a bench led by Justices Abhay Oka and Augustine George Masih, recently clarified that “bail is the rule, jail is the exception,” even under special statutes like the UAPA. NAJAR hopes that this principle will be applied to those accused in FIR 5G/2020 and others facing similar charges, allowing them to reclaim their liberty and honoring the legacy of India’s freedom fighters and the framers of the Constitution.
The group has issued a public appeal, calling on the judiciary to uphold the rights to bail and liberty, essential pillars of India’s democratic ethos.
The activists have criticised the court over significant delays in bail hearings for several accused individuals, with some cases being listed more than 70 times without resolution.
Sharjeel Imam, who first had his bail application listed on April 26, 2022, has seen his case listed 73 times with six bench changes, yet no judgment has been reserved.
Similarly, Meeran Haider, whose bail was first listed on May 20, 2022, has had his case listed 76 times and seen eight bench changes. Although a judgment was reserved on March 6, 2023, by Justice Mridul’s bench, the final decision remains pending.
Gulfisha Fatima and Abdul Khalid Saifi @ Khalid Saifi have also faced repeated delays. Gulfisha’s bail, listed 73 times since May 11, 2022, has seen four bench changes, with the judgment reserved since February 13, 2023.
Khalid Saifi, whose bail application was first heard on May 10, 2022, has experienced 64 listings and five bench changes. His judgment was reserved twice, on December 12, 2022, and again on January 5, 2023, but no decision has been forthcoming.
Other accused, including Mohd Saleem Khan and Shifa ur Rehman, have similarly had their bail applications repeatedly listed without resolution. Both had their judgments reserved on March 6, 2023, yet continue to wait for a decision. Shadab Ahmed and Athar Khan have also faced prolonged delays, with Shadab’s bail listed 57 times since November 26, 2022, and Athar’s listed 50 times since December 23, 2023. Despite these numerous hearings, neither has seen a judgment reserved.
The repeated bench changes and lack of final decisions have raised concerns about the efficiency and fairness of the judicial process, particularly as many of the accused have been incarcerated for over two years without trial, they said.
The delays in these cases highlight the challenges within the system, where the right to a timely hearing appears to be compromised.