Delhi Riots Accused Gulfisha Fatima Contests Genuineness Of Witnesses, Tells High Court They “Bought Freedom” By Making Self Serving Statements

Gulfisha Fatima, accused in the Delhi riots larger conspiracy case, told the Delhi High Court on Tuesday (May 27) that none of the witnesses in the UAPA case came forward voluntarily and that they "bought their freedom" by making “self-serving statements.”

Fatima's counsel, Advocate Sushil Bajaj, made the argument before a division bench comprising Justice Navin Chawla and Justice Shalinder Kaur which was hearing her bail plea in the case.

Bajaj was referring to the statement of one protected witness- Bravo, and said that while the prosecution relies on his statement by saying that he was there at all relevant times, his statement was recorded only in June, 2020.

“Not one witness has come forward voluntarily… all these people (witnesses) are those who have bought their freedom by making self serving statements,” he said.

On prosecution's allegations that Gulfisha encouraged local women to collect lal mirch powder, bottles and dandas etc, Bajaj said that there is no recovery of any such articles from her.

“No MLC to show that anyone is injured by any of this objects. No photographic evidence or video evidence,” he said.

Furthermore, the counsel also said that while it was not in dispute that Fatima was present in the chakka jam in Jafrabad on February 22, 2020, but the same was peaceful. As per the counsel, a testimony of a senior police official supports the said proposition.

It was further submitted that Fatima had no part in the alleged conspiracy to commit the riots. The counsel also submitted that Gulfisha had a lesser role than co accused Devangana Kalita and Natasha Narwal, both out on bail.

“It is not my case that they are not entitled to bail. But by that very reasoning which allows them bail, I am also entitled to bail,” he said.

Special Public Prosecutor Amit Prasad appeared for Delhi Police.

The matter will now be heard on July 01.

The bench is hearing the bail pleas filed by Umar Khalid, Sharjeel Imam, Mohd. Saleem Khan, Shifa ur Rehman, Shadab Ahmed, Athar Khan, Khalid Saifi and Gulfisha Fatima. 

FIR 59 of 2020 was registered by Delhi Police's Special Cell under various offences under the Indian Penal Code, 1860 and the Unlawful Activities (Prevention) Act, 1967.

The accused in the case are Tahir Hussain, Umar Khalid, Khalid Saifi, Isharat 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.

Title: Umar Khalid v. State and other connected matters