Ground of parity not in favour: As Delhi HC dismisses bail plea of Anti-Hindu Delhi Riots accused Gulfisha Fatima, read how she created WhatsApp groups and incited Muslim women

In 2020 anti-Hindu Delhi Riots larger conspiracy case, the Delhi High Court on  2nd September dismissed the bail application of accused Umar Khalid, Sharjeel Imam and Gulfisha Fatima, among others. The division bench of Justice Naveen Chawla and Justice Shalinder Kaur noted that in view of the allegations made, the ground of parity does not go in the favour of the appellant Gulfisha Fatima.

Notably, Gulfisha Fatima allegedly played a pivotal role in the conspiracy by welcoming women protesters at Seelampur and Jafrabad, who were arriving from Jahangir Puri to instigate the violence. She was not only a member of WhatsApp groups which discussed the ways in which the riots conspiracy was to be executed but also created two such groups to mobilise Muslim women for protests which were meant to take violent turn.  

Gulfisha Fatima had told Muslim women to bring their children along so that police would not be able to take any action and if police were to take action, then because of the children, they would get sympathy. The protests organised by Gulfisha near Nadima Masjid were attended by Mehmood Paracha, Umar Khalid, and Apoorvanand, among others, who gave inflammatory speeches provoked people by referring to CAA, Article 370 and Ayodhya Ram Mandir. 

Prosecution’s allegations against Gulfisha Fatima

The prosecution alleged that Gulfisha Fatima played an active role in the anti-Hindu Delhi Riots conspiracy. She was responsible for managing and actively guiding the protest sites at Seelampur-Jafrabad in North East Delhi areas, which are in the vicinity of her residence in Chauhan Bangar, New Seelampur.

Fatima had created a 24×7 sit-in protest site at Madina Masjid, Seelampur, on 15.01.2020, along with co-accused persons Natasha Narwal & Devangna Kalita, who were the members of the Delhi Protest Support Group (DPSG).

The prosecution alleged that the co-accused in the case including Devangana, Natasha, Umar Khalid, Khalid Saifi, Meeran and others, passed DPSG’s instructions to Gulfisha Fatima for its implementation. Fatima also initiated other sit-in protest sites at various places in Seelampur and Jafrabad, Delhi, such as the Fruit Market, Gali Akhade Wali, etc.

These sit-in/ dharna protests were to be escalated into disruptive Chakka-Jaam with the object of spreading large-scale violence. Accused Gulfisha Fatima is also a member of the Pinjra Tod Group, and was involved in mass mobilisation. As per the prosecution, Fatima and other accused had set up an office of Pinjra Tod in Seelampur, Delhi and regular meetings were held here. Pinjra Tod was represented in DPSG as well. The DPSG functioned as the umbrella group for coordinating all protest-related activities and strategies.

Gulfisha Fatima was involved in the conspiratorial meeting on 23/24.01.2020 at the Seelampur and Jafrabad protest site among others like Umar Khalid and Pinjra Tod members. Gulfisha Fatim had created two Whatsapp groups called Warrior and Aurton Ka Inquilab. These groups were created on 26/12/2019.

The defence, however, argued that that the chats of the Auraton ka Inqalab group are not a part of the case record, and the chat of the Warriors group pertain only to participation in legitimate peaceful protests.

In this conspiratorial meeting, co-accused Devangana Kalita, Natasha Narwal, Umar Khalid, and others were present. Here, co-accused Umar Khalid allegedly gave directions for stockpiling red chilli powder, acid, bottles, and sticks, which Gulfisha Fatima began gathering after receiving the instructions.

The prosecution alleged that Gulfisha Fatima was also a part of other key meetings, including one on 16/17.02.2020 at Chand Bagh, wherein it was allegedly planned to organize Chakka Jaam at additional sites and to adopt measures to escalate violence in North-East Delhi, during the visit of the President of the USA. The Prosecution further contended that Appellant used code words while passing the directions to the protesters, such as, “Kal Eid Hai”, and “Kal Nainital Jana hai”, meaning instructions to undertake road-blockades/Chakka Jaam, and “Aaj Chand Raat hai” signifying the day of road-blockade. She is also alleged to have delivered provocative speeches and selected other speakers for Dharnas.

In addition, the prosecution also alleged that Fatima, along with co-accused persons, organized violent protests against the CAA/NRC and, on 22.02.2020 blocked the road under the Jafrabad Metro Station after instigated women to attack the Police. She was arrested by Jafrabad Police in this case. She is also accused of involvement in receiving funds from the co-accused  AAP councillor at that time, Tahir Hussain, for utilizing them in the riots. The defence, however, contended that the allegations of Tahir Hussain giving money to Fatima for illegal purposes is “uncorroborated”.

Notably, at the time of the riots, Gulfisha Fatima was present in Northeast Delhi and in fact, as per the witnesses, she was the one who started the blockade and prompted the attack on police personnel and others with weapons like dande, lal-mirchi powder and others in Jafrabad area which had a cascading effect leading to riots.

“Gulfisha, along with the other co-accused, had gathered around 300 women at Seelampur, Jafrabad and they mobilized these women to block the road at Jafrabad Metro Station and incited them to attack the Police using chilli powder, stones, sticks, and other dangerous articles, which were allegedly provided by the Appellant and the co-accused persons,” the prosecution alleged.

Meanwhile, the defence argued that while Gulfisha Fatima was present at Chand Bagh on the intervening night of 16th and 17th February 2020, yet no incriminating act or statement has been attributed to her. Regarding Jafrabad, Gulfisha Fatima’s counsel contended that there was no chakka-jaam or road blockage that disrupted essential services; rather, the protest was peaceful and non-violent.

The defence also denied that Fatima was a member of the DPSG WhatsApp group. The defence further trivialised the testimonies of the witnesses, saying that these were based on hearsay and lac credibility. The defence also challenged invocation of UAPA against her and also claimed that Gulfisha Fatima was not a member of even Pinjra Tod group.

The State sought dismissal of the bail plea filed by Gulfisha Fatima. The Special Public Prosecutor alleged that the appellant along with other accused persons was present in the meeting held on 16^th and 17^th February 2020 at Chand Bagh and that protected witness Bravo had deposed to this effect. Bravo said that Gulfisha Fatima was indeed a part of the secret meeting wherein discussions on ways to incite violence.

The SPP also submitted that in a meeting on the intervening night of 23rd and 24th January 2020, co-accused Umar Khalid visited the Seelampur protest site and held a secret meeting wherein Gulfisha was also present. “This meeting played a vital role in escalating the situation into violent riots to overawe the Government by pressurizing it to withdraw the CAA/NRC and hold its exercise, being Anti-Muslim,” the SPP said.

The SPP highlighted that the testimonies of witnesses Delta, Gama, Echo, Yankee, Smith, and Sierra point to his claim. The SPP also referred to to the statement of Echo, who deposed that the Appellant ensured that children also participated in the protests, fully aware that the police would refrain from using force against them. The SPP also said that Gulfisha received funds from Tahir Hussain and protected witness Saturn’s testimony supports this claim.

Furthermore, the SPP contended that the ground of parity is not available to the appellant, as her role is graver than the other co-accused, who are on bail.

Court’s observations based on analysis of prosecution and defence’s arguments

The court considered the submissions made by the prosecution, defence and the SPP for the State. The court also took note of the statements given by Protected Witnesses, namely, Beeta, Gama, Argon, Jupiter, Echo, Smith, Bravo, Johny, Helium, Saturn, Delta, Smith, Seirra, Etc.

“We also find that the sum and substance of the arguments advanced on behalf of the Appellant before this Court are substantially similar to those raised before the learned Trial Court,” the court said.

The court took note of the prosecution’s allegations against Gulfisha Fatima, including her alleged membership of Pinjra Tod and creation of the WhatsApp groups Auraton ka Inqalab and Warriors, which was used to disseminate information about protests and mobilisation of women.

The court took note of the alleged role of appellant Gulfisha Fatima in executing the conspiracy, her role in managing protest in Seelampur, her attendance in the conspiratorial meetings, wherein co-accused Umar Khalid allegedly instructed them to escalate the protests into riots by resorting to violence and by using chilli powder, sticks, stones, etc., and to coordinate chakka-jams during the visit of the President of the USA. The court also noted that Fatima had blocked the road near Jafrabad Metro Station also instigated women to resort to violence against police officials, alongside the allegation of having received funds from Tahir Hussain.

Furthermore, the court noted defence’s contention that Fatima was not a member of Pinjra Tod or even DPSG group. The court also mentioned the SPP’s objection to the plea of parity and noted SPP’s argument that the role of appellant Gulfisha Fatima is largely different from that of the other two co-accused persons on bail.

Based on the analysis of the arguments made by all parties, the court noted that “it is not necessary that all the accused persons must be involved in all facets of the criminality. Participation in one group or the other, and the connectivity of the Appellant with the co-accused persons, including Shadab Ahmad, Umar Khalid etc, are factors to be considered.”

Regarding the WhatsApp group Fatima created, the court observed that these were focussed on protest coordination and ensuring woman participation. The court said that the creation of these groups (Warriors and Auraton ka Inqalab) cannot be seen in isolation.

“The WhatsApp groups that the Appellant allegedly created, of which one noticeably, revolve around coordination in protests and ensuring that as many women participate in the protests. This factum of creation of these two groups cannot be seen in isolation, the consideration should weigh in on broad probabilities as per the settled law,” the court noted.

The court took note of the prosecution’s submissions that the appellant used code words to relay instructions to the protestors to carry out tasks as discussed in the secret meetings. The court noted SPP’s submission that protect witness Sierra’s statement ascertains the role of Gulfisha Fatima in the conspiracy.

Addressing the issue of parity, the court said that “it is trite in law that merely because co-accused persons have been granted bail, would not, by itself, entitle the other accused to bail; there are other considerations and factors which weigh in for considering parity.”

Prima facie, the court said, the role ascribed to the present Appellant, as reflected from the material on record, is distinct than that of the co-accused Devangana Kalita and Natasha Narwal in the alleged conspiracy.

“Keeping in view the allegations against the Appellant, discussed herein above, the ground of parity is not made out in favour of the Appellant,” the court ruled.

Addressing the argument of delay and prolonged incarceration of the accused persons, the court said that the trial is progressing at a “natural pace”.

The court, thus, dismissed the bail application moved by Gulfisha Fatima, Umar Khalid, Sharjeel Imam, among other accused persons.

Anti-Hindu Delhi Riots: When the national capital witnessed the violent expression of Islamist hatred against Hindus

The 2020 anti-Hindu Delhi Riots, occurred in Northeast Delhi from 23^rd to 26^th February, leaving 53 dead and over 200 injured. The Islamists mobs attacked local Hindus on the pretext of protest against the Citizenship Amendment Act (CAA). These riots were not spontaneous but a culmination of a pre-planned conspiracy A Delhi Police Head Constable and an Intelligence Bureau Constable were killed in the riots. The latter went to prevent the violence but was claimed by it as Hindus listened to him but the Muslims saw him as a vulnerable target and brutally ended his life. One individual later identified as Shahrukh was seen firing bullets and flashing his gun at the police.

Islamists hacked off the hands and legs of a Hindu man named Dilbar Negi, who was then burned to death. Communal violence had plagued Delhi since the Citizenship Amendment Act was passed and the riots were merely the culmination of a fire that radicals had started months earlier.

While the Islamo-leftist media and Muslim-appeasing political parties presented Shaheen Bagh sit-in as some sort of ‘iconic’ act of resistance against ‘fascist’ BJP government, a sinister anti-Hindu conspiracy was brewing. A conspiracy to punish Hindus, to teach a ‘lesson’ to the BJP government, that if they do not submit to the Islamist whims, Muslims can and they will resort to mob violence. The now-banned Islamic terrorist outfit, Popular Front of India (PFI), Pinjra Tod, Jamia Coordination Committee, etc orchestrated the violence.

An intricate scheme was hatched by some Muslim and Left groups, which led to rampant violence in Delhi. The investigation revealed the multiple layers and the conspirators behind the bloodbath. However, many other who were directly or indirectly involved are yet to face the music of the law.

Not only was the violence motivated by anti-Hindu prejudice or an aversion to CAA, but it was also a deliberate attempt to damage India’s reputation abroad during President Donald Trump. A meeting was conducted in a basement in Jangpura with many conspirators including Yogendra Yadav, Sharjeel Imam, Umar Khalid and others, on 8th December 2019. According to a chargesheet, a plan for implementing the Chakka Jam was developed during this time.

It was agreed that Sharjeel Imam would be in charge of organizing and guiding students from different institutions and universities in and around Delhi. Interestingly, it was also resolved that groups like “Swarajya Abhiyaan” and “United Against Hate” would support one another in whatever manner they could. Swara Bhaskar, a small-time actor, was in close touch with Umar Khalid who had instructed her to fabricate a story in support of Dr Kafeel Khan during their conversations. He had informed her in a previous conversation that the demonstrators from Shaheen Bagh in Kolkata’s Park Circus wanted her there. The many Umar Khalids, Gulfishas and Sharjeels collectively executed the anti-Hindu conspiracy in the national capital five years back. The wounds inflicted on Hindus are still afresh but the Islamo-leftist cabal has elevated these people to the status of ‘heroes’.  

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