“Case of political dissent, not terrorism”: Delhi HC while granting bail in parliament breach case
New Delhi: The Delhi High Court observed that the 2023 Parliament security breach was more an act of “political dissent” than terrorism, as it granted bail to two of the accused, Neelam Azad and Mahesh Kumawat. A Division Bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar said the protest was “symbolic”, lacked terrorist intent, and did not amount to an act threatening national integrity or causing public harm under the Unlawful Activities (Prevention) Act (UAPA), reported The Hindu.
The court underlined that the actions of Azad and Kumawat did not constitute a terrorist act within the meaning of Sections 15 or 18 of the UAPA. “The activities of the appellants are of the nature of propagation of ideological messages and, in the opinion of this court, prima facie do not constitute a terrorist act,” the bench stated. “This case at this juncture appears to be a case of protest and political dissent.”
While noting that Kumawat was not present in Delhi during the incident, and Azad did not enter the Parliament building, the court observed that their involvement was limited and distinguishable from the co-accused who breached Parliament security from within the premises. “The Parliament represents the very basis of our democracy. It cannot be said that what the accused have done is a legitimate form of protest or demonstration. However, they have not propagated any movement against the interest of the nation,” the judges held.
Granting bail to both on a personal bond of ₹50,000 each with two sureties of the same amount, the court imposed several conditions. The accused were prohibited from speaking to the press or posting about the case on social media. They are also restricted from leaving Delhi and must report to the investigating agency every Monday, Wednesday, and Friday.
Crucially, the bench dismissed claims that the use of yellow smoke canisters amounted to use of explosives or substances of terror. “This court can take judicial notice that such canisters are used in IPL games, cricket matches, weddings, parties, and Holi celebrations,” it said. “The use of canisters which emitted yellow smoke alone does not raise a prima facie case against the appellants... Whether those canisters could have acted as explosives or not will be tested in trial.”
The court added that the smoke canisters used in open air did not, at this point, appear to cause any hazardous health injury, and this too would be a matter for trial. It also clarified that pamphlets found with Azad did not contain any content that abetted or incited a terrorist act. “There is nothing on record at this juncture to show that the appellants... intended to threaten the unity, integrity, security or sovereignty of the country or have committed the act with intent to strike terror,” the court said.
Highlighting the lack of evidence pointing to actual harm, the court emphasized that the Lok Sabha Secretariat had categorically stated that no injury occurred during the breach. “There is complete lack of material at this juncture of loss of life, bodily injury or significant property damage,” the court noted, stating that Azad, who was outside the Parliament, “cannot be said to have committed any act which could have resulted in loss of life, bodily injury or significant property damage.”
While acknowledging that the protest took place on December 13, 2023,the anniversary of the 2001 Parliament terror attack, the court said, “Even assuming that the date was chosen when there was a threat perception, at this juncture it can only be said that the attempt was to sensationalise the event to gain attention of people and get mileage from the incident.”
This, the court clarified, would not deter it from granting bail. The two accused had approached the High Court after a trial court denied their bail pleas, citing prima facie evidence. The Delhi Police had strongly opposed their applications, alleging an intention to revive memories of the 2001 Parliament attack.
The 2023 breach had occurred when accused Sagar Sharma and Manoranjan D jumped into the Lok Sabha chamber from the public gallery during Zero Hour, released yellow smoke from canisters, and raised slogans. Simultaneously, Amol Shinde and Neelam Azad allegedly sprayed coloured gas and shouted "tanashahi nahi chalegi (dictatorship won't work)" slogans outside the Parliament premises. Kumawat was arrested on December 16 for alleged conspiracy and destruction of evidence.
The High Court ruling, while granting bail, stopped short of legitimizing the protest venue, stating that “the choice and the place of protest is highly deprecable.” Nevertheless, it distinguished the actions of Azad and Kumawat from those who directly violated the sanctity of the Parliament chamber.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
UP Cong chief Ajay Rai hospitalised after fainting, stable
Lucknow (PTI): Uttar Pradesh Congress president Ajay Rai was hospitalised here after he fell unconscious due to low sodium levels, party leaders said on Saturday.
They said he was admitted to Medanta Hospital on Friday evening and is stable.
"Ajay Rai was admitted to Medanta Hospital in Lucknow at around 6 pm on Friday after he fell unconscious as his sodium levels had dropped. He fell unconscious at his residence in Lucknow. For the entire day, he was engaged in party programmes and had also gone to the airport," Uttar Pradesh Congress spokesperson Anshu Awasthi told PTI.
Congress in-charge of Uttar Pradesh Avinash Pande told PTI, "Now, he (Ajay Rai) is stable and I am also reaching Lucknow."
Medanta Hospital Director Dr Rakesh Kapoor told PTI that Rai collapsed at his home on Friday evening and was subsequently admitted to the hospital's emergency ward.
Medical examinations revealed that Rai was suffering from a sodium deficiency and elevated blood pressure. Doctors administered immediate treatment and he is doing significantly better now, Kapoor said.
A team of doctors is monitoring his health. Rai is conversing with others and his condition is stable, he added.
In a post on X late Friday night, Prime Minister Narendra Modi wished Rai a speedy recovery.
Rai hails from Varanasi and had contested the 2024 Lok Sabha elections against Modi from the parliamentary constituency. The Congress appointed him as the Uttar Pradesh unit chief in 2023.
