NEW DELHI: The Delhi High Court on Tuesday reserved its decision on the bail pleas of Neelam Azad and Mahesh Kumawat, accused in the December 13, 2023, Parliament security breach, questioning why the accused chose the Parliament on that particular day for their protest when there are designated places for demonstrations in the capital.
A division bench comprising Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar heard arguments from the accused’s lawyers and Additional Solicitor General Chetan Sharma, representing Delhi Police, before reserving the order.
During the hearing, the bench asked, “Why pick that date and that place, knowing it is the Parliament? Does holding a protest there not intimidate the nation?”
The accused’s counsel replied that these matters should be settled during trial and argued that their actions do not amount to a terrorist act as defined under Section 15 of the Unlawful Activities (Prevention) Act (UAPA).
The court said it must decide whether the choice of place, date, and manner of the protest collectively qualifies as an offence under the UAPA.
The bench noted, if the protest had taken place at locations like the Delhi Zoo or Jantar Mantar, even with smoke canisters, it would not be as serious. “But choosing Parliament, especially on a day when MPs were paying tribute to victims of the 2001 Parliament attack, makes this case more troubling,” the bench observed.
The matter requires careful consideration, the court held, asking if releasing smoke could cause harm, i.e. to someone with asthma or cause irritaion.
ASG Sharma opposed bail, referring to Section 15 of UAPA and the IPC’s definition of criminal force. He argued the smoke canisters affected parliamentarians, who represent the electorate, making this a serious offence. “This is not just an assault on individuals but on the very symbol of democracy.
The date and place chosen show intent to threaten the country’s security and spread terror, as confirmed by the MPs’ reactions,” he said, adding, even if the method was not prima facie lethal, the message behind the act must be taken seriously under UAPA.
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