Delhi’s Patiala House Court rejected bail for two accused, Bhudev Sharma and Divyansh Girdhar, in the AI Summit Protest case. The court remanded them to two-day police custody, citing the nascent stage of the investigation.
Patiala House Court on Tuesday rejected bail pleas of two accsued arrested in connection with the AI Summit Protest case and sent them for two days of further police custody. The hearing took place on the intervening night of February 2 and 3.
Bail Plea Rejected, Custody Extended
While granting further police custody, the court said that the investigation is at a nascent stage, and the recovery of material evidence and apprehension of co-accused persons assume significance. Duty Magistrate Charan Salwan rejected the bail plea of Bhudev Sharma and Divyansh Girdhar. The court remanded them for two days of further custody, while Delhi Police had sought three days of custody. Meanwhile, the Delhi Police has also challenged the bail granted to nine other accused persons. A notice has been issued to them.
On the other hand, the accused persons sought bail in parity with 9 other accused persons; however, the court dismissed the bail pleas. “In my considered view, the present application for remand and the prayer for bail stand on a distinctly different footing from that of the co-accused already granted bail,” the Duty Magistrate said while rejecting theirbail pleas.
The court said that it is a settled principle of criminal jurisprudence that while the rule of parity is a relevant consideration in matters of bail, it is not to be applied mechanically or uniformly.
Court on Right to Protest vs. Public Order
The court also dealt with the submissions based on the right to protest. The court held that the right to protest, subject to reasonable restrictions under Article 19(2) and Article 19(3) of the Constitution, is a cherished constitutional guarantee in a democratic polity. ” However, the exercise of such rights is not absolute and must be balanced against considerations of public order, security of the State, and other legitimate restrictions contemplated under the Constitution,” the court said.
The court noted that it is revealed from the record that the alleged protest took place during a National Event attended by foreign delegates and dignitaries. “The nature, timing, and location of the protest are relevant factors at this stage of investigation, particularly in assessing issues of security, public order, and the larger ramifications of the alleged acts,” Duty Magistrate Salwan said.
Police Submission and Ongoing Investigation
While opposing the bail plea, Delhi Police submitted that the order of his first bail was dismissed by the Duty Magistrate on February 27, but the Counsel for the accused deliberately did not disclose this fact in the bail application, and the application deserves to be dismissed.
While seeking further police remand, Additional Public Prosecutor (APP) Atul Shrivastav said that Manish Sharma and Vishawjeet are on the run. The accsued persons can identify them and get them arrested. It is alleged that Manish Sharma, national Incharge of the Indian Youth Congress, played a pivotal role in planning and executing the protest on February 20. Police also alleged that Vishawjeet distributed slogan bearing T Shirt near Bharat Mandapam. (ANI)
(Except for the headline, this story has not been edited by Asianet Newsable English staff and is published from a syndicated feed.)