Right To Protest Is Not Absolute: Delhi High Court Denies Bail To Umar Khalid, Sharjeel Imam And Others

The Delhi High Court on Tuesday said the right to protest is not an unfettered right while denying bail to nine persons including Umar Khalid and Sharjeel Imam. If unfettered right to protest were permitted, it would damage the constitutional framework and impinge upon the law-and-order situation in the country, the high court said.

“We are conscious that the right to participate in peaceful protests and to make speeches in public meetings is protected…and the same cannot be blatantly curtailed. Nonetheless, this right is not absolute, as it is subject to the reasonable restrictions imposed by the Constitution,” the division bench of the high court said.

Any conspiratorial violence under the garb of protests or demonstrations by the citizens cannot be permitted,” the high court added. The bench, comprising Justices Navin Chawla and Shailender Kaur, gave their verdict on a batch of pleas filed by Sharjeel Imam, Umar Khali, Gulfisha Fatima, Shifa ur Rehman, and others.

A separate bench of the high court also denied bail to Tasleem Ahmed who is also part of the same case.

The bench of Justices Chawla and Kaur further pointed out that the argument on parity would not apply since the roles of each person in the conspiracy are different and of varying degrees. The bench also said that the actions like protest, which led to the riots, must be regulated and checked by the State Machinery, “as they do not fall within the ambit of the Freedom of Speech, Expression, and Association”.

The Constitution affords citizens the right to protest and carry out demonstrations or agitations, provided that they are orderly, peaceful and without arms. Moreso, the citizens have a fundamental right to voice their concerns against the legislative actions, which only fortifies the Democratic setup by indicating the participation of the citizens in governance,” it added.

Delhi Police's Special Cell registered the FIR in 2020 under various offences under the Indian Penal Code, 1860 and the Unlawful Activities (Prevention) Act, 1967.

The accused in the case include Tahir Hussain, Umar Khalid, Khalid Saifi, Ishrat Jahan, Meeran Haider, Gulfisha Fatima, Shifa-Ur-Rehman, Asif Iqbal Tanha, Shadab Ahmed, Tasleem Ahmed, Saleem Malik, Mohd. Saleem Khan, Athar Khan, Safoora Zargar, Sharjeel Imam, Faizan Khan and Natasha Narwal."

Earlier developments in the wider case saw Devangana Kalita, Natasha Narwal and Tanha granted regular bail by the Delhi High Court on June 15, 2021. Jahan was granted bail by the trial court.

The prosecution says the case concerns a larger conspiracy behind the February 2020 riots. According to Delhi Police, 53 people died and hundreds were injured in the North East Delhi violence. More than 700 FIRs were registered across police stations in the area and beyond.

Eighteen accused have been charge-sheeted under the UAPA in the larger conspiracy case, while two accused remain absconding. The matter is currently at the stage of arguments on charges.