
New Delhi – In a blistering takedown that's rippling through India's legal and activist circles, veteran lawyer and public interest crusader Prashant Bhushan has lambasted the Supreme Court for what he calls a "shameful" betrayal of justice in the Delhi riots conspiracy case. With Umar Khalid and Sharjeel Imam still languishing behind bars after over five years without trial, Bhushan's scathing posts on X expose the rot at the heart of the verdict: a denial of liberty dressed up as national security, and "draconian" strings attached to the conditional freedom of five other activists.
"Apart from unjustly denying bail to Umar Khalid and Sharjeel Imam, the SC has imposed absurdly draconian conditions on the other 5 persons who have been granted bail. These conditions effectively prohibit them from attending any meetings or speaking anywhere. Shameful for the SC," Bhushan fired off on X early Tuesday, attaching stark images of the court's 12-point shackles clauses that read like a manifesto for muzzling dissent.
Bhushan didn't stop at outrage; he wove in a poignant critique of constitutional erosion. "The court chose caution over courage on Umar Khalid. Ambedkar’s slogan acquires a tragic irony. 'Educate, organise, agitate' describes precisely what sustains constitutional democracy.
For Bhushan, the apex court's pivot to "protected witnesses", anonymous police-fed testimonies shielding identities while burying video evidence of Khalid and Imam's anti-violence pleas, isn't just procedural sleight-of-hand; it's a "mockery of the right to life & liberty."
"It is totally shocking, unfair & unjust for the SC to deny bail to Umar Khalid and Sharjeel Imam. They have not been accused of violence themselves, but of Conspiracy... Yet the SC denies bail on the basis of police statements of ‘protected witnesses’, whose identities have been concealed. Shameful," he thundered in another post, racking up thousands of likes and shares within hours.
At the epicenter of Bhushan's ire are the bail terms for Gulfisha Fatima, Meeran Haider, Shifa-ur-Rehman, Mohd. Saleem Khan, and Shadab Ahmed, released on ₹2 lakh bonds but bound by rules that Bhushan deems a de facto gag order. Drawing from the judgment, these "substantive safeguards" (as the court terms them) include:
1. Stay Put in Delhi: Remain in NCT Delhi; no leaving without court permission. Travel requests scrutinized "strictly on merits."
2. Passport Surrender: Hand over passports (or file affidavit if none); immigration authorities barred from allowing exit without court nod.
3. Address Lockdown: Share current address, phone, email with IO and court; 7-day prior notice for any changes.
4. Weekly Check-Ins: Appear Mondays & Thursdays (10 AM-12 PM) at Crime Branch SHO, Delhi Police HQ; monthly attendance reports to court.
5. No Witness Tampering: No contact, influence, or intimidation of witnesses or case-linked persons; ban on associating with related groups/organizations.
6. Media Blackout: No statements, articles, posts (print, electronic, social media) about the case or participants until trial ends.
7. Rally Ban: No attending, addressing, or participating in gatherings, meetings (physical or virtual) till trial conclusion.
8. Protest Props Outlawed: No circulating posts, handbills, posters, banners in any form.
9. Courtroom Duty: Full cooperation; appear on all hearing dates unless exempted; no delays.
10. Behavior Clause: Maintain peace; any offense during bail could trigger revocation application.
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