2020 Delhi riots: Police claim of 'regime change operation' not in chargesheet, Gulfisha Fatima tells Supreme Court

Stressing that she cannot be subjected to "endless custody", activist Gulfisha Fatima, seeking bail in the February 2020 riots case, told the Supreme Court on Tuesday that Delhi Police's claim of a coordinated "regime change operation" finds no mention in its chargesheet.

Senior advocate Abhishek Singhvi, appearing for Fatima, told a bench of Justices Aravind Kumar and N V Anjaria that the activist has spent under six years in incarceration and termed the delay in the trial "astonishing and unprecedented".

"Where have you alleged regime change as the heart of your chargesheet?" he asked and added that the prosecution's claim of a pan-India conspiracy "to separate Assam from India" is equally unfounded.


"What is the basis?" Singh said.

Strongly opposing the bail pleas of activists Umar Khalid, Sharjeel Imam and others in the February 2020 riots in the city, Delhi Police said it was not something spontaneous but an "orchestrated, a pre-planned, and a well-designed" attack on the sovereignty of the nation.

Singhvi submitted that charges against Fatima are yet to be framed and she cannot be subjected to "endless custody" particularly when 939 witnesses have been cited.

Seeking parity with co-accused Natasha Narwal, Devangana Kalita and Asif Iqbal Tanha, who were granted bail by the High Court in June 2021, Singhvi argued that Fatima is the only woman still in jail.

"They got bail in 2021. Mine is a much lesser case," Singhvi submitted.

Singhvi argued that the allegation that Fatima attended a "secret meeting" was similar to the charges levelled against Narwal and Kalita.

"There is no evidence of chilli powder, acid, or anything else. There was no recovery. They uploaded it on social media. How can it be a secret meeting? Singhvi asked.

Singhvi argued that the Delhi Police has failed to substantiate its allegations against the accused.

The hearing will continue at 12.30 pm.

Khalid, Imam, Fatima, Meeran Haider, and Rehman were booked under the UAPA, the stringent anti-terror law, and provisions of the erstwhile IPC for allegedly being the "masterminds" of the 2020 riots, which left 53 people dead and over 700 injured.

The violence erupted during widespread protests against the Citizenship (Amendment) Act (CAA) and the National Register of Citizens (NRC).