Student activist Gulfisha Fatima moves Supreme Court challenging Delhi High Court bail denial in Delhi riots conspiracy case.

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Case Overview

Case Name: Gulfisha Fatima vs. State of NCT of Delhi | Diary No. 50992/2025

Student activist Gulfisha Fatima, arrested on April 9, 2020 under the Unlawful Activities Prevention Act (UAPA) has approached the Supreme Court of India against the Delhi High Court’s September 2, 2025 order rejecting her bail plea in the Delhi riots larger conspiracy case . A division bench of the High Court had dismissed bail applications of Fatima and eight co-accused. Parallel petitions have also been filed by Sharjeel Imam and others .

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Key Aspects

The case revolves around allegations that Fatima, along with other accused was part of a larger conspiracy behind the communal violence in Delhi during February 2020 . The prosecution heavily relies on her alleged role in organising protests against the Citizenship Amendment Act .

• Fatima was accused of participating in the “larger conspiracy” behind the February 2020 Delhi riots .
  
• The Delhi Police chargesheet named her along with several activists and political figures .
  
• She has remained in custody since April 2020 .
  
• Bail was previously granted to co-accused such as Asif Iqbal Tanha, Devangana Kalita and Natasha Narwal .

Legal Insights

The petition questions the denial of bail under stringent anti-terror laws and invokes constitutional safeguards .

• Section 43D(5), UAPA, 1967 – Restricts grant of bail where prima facie case exists .
  
• Section 13, 16, 17 & 18, UAPA, 1967 – Relating to unlawful activities, terrorist acts, funding and conspiracy .
  
• Sections 147, 148, 149, 153A, 302, 120B, IPC, 1860 – Relating to rioting, promoting enmity, murder and criminal conspiracy .
  
• Article 21, Constitution of India– Protection of life and personal liberty; plea emphasizes prolonged incarceration without trial .

Court’s Verdict

The Supreme Court of India has not yet delivered a verdict . The Court will examine whether the High Court erred in rejecting bail and whether Gulfisha Fatima deserves release considering her long incarceration .

Source – Supreme Court of India

Read also – Constitution of India

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