“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.
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Nothing wrong if Kharge wants to come back to Karnataka politics: G Parameshwara
Bengaluru(PTI): Karnataka Home Minister G Parameshwara on Tuesday said there is nothing wrong if party national President Mallikarjun Kharge wants to return to state politics.
He was responding to a question from reporters on Kharge's remarks, recalling how he lost the Chief Minister's post to S M Krishna after the 1999 Karnataka Assembly polls. Kharge's remarks added to the speculations of leadership change in Congress and about his return to state politics.
Senior Congress leader Parameshwara also said that wrongly interpreting Kharge is also not correct.
Kharge's statement seems to have rekindled the debate on 'Dalit CM' within the party. The AICC President, who hails from Karnataka, belongs to a Scheduled Caste.
Making a Dalit the CM is a hotly debated matter within the Congress party, the issue on which senior leaders and Ministers Parameshwara and H C Mahadevappa have openly spoken in the past. Both belong to Scheduled Castes.
These comments have come amid speculations within the state's political circles, especially within the ruling Congress, for some time now about the Chief Minister change later this year, citing a rumoured power-sharing agreement involving incumbent Siddaramaiah and Deputy CM D K Shivakumar.
"Kharge is a senior leader not only in our party, but in national politics, making comments on him is not right. Kharge is competent to hold all kinds of positions; he has experience, and he has been in politics for about 50 years. If he says something, interpreting it wrongly is not correct," Parameshwara told reporters in response to a question.
Asked about some speaking about his return to state politics, he said, "There is nothing wrong in it. He is holding the decisive position in our party. He is the one who decides as to who should be the Chief Minister, being the AICC President. So, in case he wants to come back to state politics, no one should interpret it wrong."
Speaking at an event in Vijayapura on Sunday, Kharge had recalled about him missing the Chief Ministerial post, when Congress came to power in 1999.
"As CLP (Congress Legislature Party) leader I tried to bring the party to power (ahead of 1999 polls), the party formed the government and S M Krishna became the Chief Minister. He had come (as KPCC President) four months ahead (of polls)....all my service was washed down the river. I feel that -- I toiled for five years, but the person who came four months ago was made the CM," the Congress chief had said.
"What I'm trying to say is, we may face difficulties, but we must continue to work without greed in mind. If you are greedy, you won't get anything, also you won't be able to do what's in your mind. Passing through all these things, from being a block president, I have now become AICC President. I did not go behind positions," he further said.
Mahadevappa too, reacting to Kharge's statement on Monday had said, Kharge is one of the senior leaders in the country and he has all the required qualities to occupy any constitutional post, and our wish is that he should get an opportunity, whenever there is one.
Naming Dalit leaders in Congress who have occupied the CM post in other states like -- Damodaram Sanjivayya, Sushil Kumar Shinde, Jagannath Pahadia and Ram Sundar Das, he said, "When time comes the party will take a decision and everyone will abide by it."
However, trying to downplay speculations, Kharge's son and IT/BT Minister Priyank Kharge on Monday said his father was merely sharing the path he had walked in his political career -- both ups and downs -- and that his speech should be seen in entirety not selectively. He has also made it clear that he has no regrets.
"From the blessings of everyone, the people of Kalaburagi and Karnataka, he is in the post that was once occupied by Subhas Chandra Bose and Gandhiji. Whatever he has decided on his political future, he will decide himself. He has earned that respect and reputation. He has a good relationship with the high command. Whatever he decides, Rahul Gandhi, Sonia Gandhi and Priyanka Gandhi will automatically accept it," he said.
