Skip to main content
Sabrang
Sabrang
Rule of Law

Delhi court denies bail to R-Day violence accused seen carrying national flag

The court observed that him carrying national flag “prima-facie show that he had an active role to instigate unruly mob”

Sabrangindia 01 Apr 2021

red fort violence

A Delhi court has denied bail to a person accused for being part of an unlawful assembly during the Republic Day tractor rally. The Additional Sessions Judge (Tis Hazari court), Charu Aggarwal observed that the photograph of the applicant sitting on roof of his car with the national flag shows that he instigated an unruly mob, and thus denied him bail.

The accused/applicant Dharminder Singh Harman applied for regular bail under section 439 of CrPC. The counsel for the applicant submitted that no specific role has been assigned to him in the alleged crime. He further submitted that at best it has been alleged that the applicant broke barricades for which offence under section 186 IPC gets attracted, which is bailable. He further submitted that the applicant participated in the peaceful protest in the tractor rally. He also submitted photographs which show the applicant is only sitting on the top of his own car, holding a national flag in his hand, and taking photographs being a proud Indian. He argued that the applicant is in judicial custody for 15 days, all investigation pertaining to him is complete, and no purpose shall be served by keeping him behind bars.

The public prosecutor opposed the bail stating that the applicant had an active role in the crime, as he was one of the agitators and instigators of the unlawful assembly. He argued that there was a specific route prescribed by the Govt for the tractor rally. However, the protesters deviated from the designated route and barged into Red Fort where they attacked the police personnel and damaged public property. He further contended that various CCTV footage of the spot has been collected which are under scrutiny, and the role of other perpetrators of the crime still has to be dug out and there is possibility that if applicant is admitted on bail, he may try to influence investigation. He also submitted that applicant was an active member of an unruly mob which illegally and forcefully broke the barricades in Sanjay Gandhi Transport Nagar, then at Burari and finally at Red Fort and created nuisance and violence in the area of Red Fort.

The court, after hearing submissions of both parties observed that the “allegations against the applicant are serious in nature as he is shown to be an active member of the unruly mob who took law in their hands firstly by diverting from the prescribed route, thereafter, by breaking police barricades not only at one place but in three areas including the Red Fort area where they forcibly entered and attacked on the police personnel and damaged their vehicles and in the incident several police personnels got injured”.

The court also referred to the photograph of the applicant where he is seen sitting on the roof of his car with the national flag. The court deemed the photograph to demonstrate that the applicant had an active role to instigate unruly mob. The court stated that the investigation is at a nascent stage, and that if the applicant is let out, he may try to influence the process. The court therefore rejected his bail.

Notably, the same court granted bail to another accused of Republic Day violence while observing that mere presence and climbing on the wall by the accused cannot justify his further incarceration and investigation pertaining to him is complete. The prosecution had raised the similar objections for this case as well. Yet, the court found it fit to grant bail to a person climbing the wall of Red Fort but not to someone carrying a national flag while sitting on the roof of his car.

The complete order may be read here

 

Related:

Mere presence of accused at Red Fort cannot justify incarceration: Delhi court on R-Day violence

Protect arrestee’s human rights: Lawyers send open letter to UNHRC

TN: Over 20,000 peasants gather for mahapanchayat at Kanyakumari

Farm laws: SC appointed committee submits report

Delhi court denies bail to R-Day violence accused seen carrying national flag

The court observed that him carrying national flag “prima-facie show that he had an active role to instigate unruly mob”

red fort violence

A Delhi court has denied bail to a person accused for being part of an unlawful assembly during the Republic Day tractor rally. The Additional Sessions Judge (Tis Hazari court), Charu Aggarwal observed that the photograph of the applicant sitting on roof of his car with the national flag shows that he instigated an unruly mob, and thus denied him bail.

The accused/applicant Dharminder Singh Harman applied for regular bail under section 439 of CrPC. The counsel for the applicant submitted that no specific role has been assigned to him in the alleged crime. He further submitted that at best it has been alleged that the applicant broke barricades for which offence under section 186 IPC gets attracted, which is bailable. He further submitted that the applicant participated in the peaceful protest in the tractor rally. He also submitted photographs which show the applicant is only sitting on the top of his own car, holding a national flag in his hand, and taking photographs being a proud Indian. He argued that the applicant is in judicial custody for 15 days, all investigation pertaining to him is complete, and no purpose shall be served by keeping him behind bars.

The public prosecutor opposed the bail stating that the applicant had an active role in the crime, as he was one of the agitators and instigators of the unlawful assembly. He argued that there was a specific route prescribed by the Govt for the tractor rally. However, the protesters deviated from the designated route and barged into Red Fort where they attacked the police personnel and damaged public property. He further contended that various CCTV footage of the spot has been collected which are under scrutiny, and the role of other perpetrators of the crime still has to be dug out and there is possibility that if applicant is admitted on bail, he may try to influence investigation. He also submitted that applicant was an active member of an unruly mob which illegally and forcefully broke the barricades in Sanjay Gandhi Transport Nagar, then at Burari and finally at Red Fort and created nuisance and violence in the area of Red Fort.

The court, after hearing submissions of both parties observed that the “allegations against the applicant are serious in nature as he is shown to be an active member of the unruly mob who took law in their hands firstly by diverting from the prescribed route, thereafter, by breaking police barricades not only at one place but in three areas including the Red Fort area where they forcibly entered and attacked on the police personnel and damaged their vehicles and in the incident several police personnels got injured”.

The court also referred to the photograph of the applicant where he is seen sitting on the roof of his car with the national flag. The court deemed the photograph to demonstrate that the applicant had an active role to instigate unruly mob. The court stated that the investigation is at a nascent stage, and that if the applicant is let out, he may try to influence the process. The court therefore rejected his bail.

Notably, the same court granted bail to another accused of Republic Day violence while observing that mere presence and climbing on the wall by the accused cannot justify his further incarceration and investigation pertaining to him is complete. The prosecution had raised the similar objections for this case as well. Yet, the court found it fit to grant bail to a person climbing the wall of Red Fort but not to someone carrying a national flag while sitting on the roof of his car.

The complete order may be read here

 

Related:

Mere presence of accused at Red Fort cannot justify incarceration: Delhi court on R-Day violence

Protect arrestee’s human rights: Lawyers send open letter to UNHRC

TN: Over 20,000 peasants gather for mahapanchayat at Kanyakumari

Farm laws: SC appointed committee submits report

Related Articles

Assam Police Firing: Support for victims grows

12-hour Bandh in Assam, and protest by the Congress party even as nearly 3,000 police and paramilitary personnel are deployed to “maintain peace”

Assam Police Firing: Support for victims grows

12-hour Bandh in Assam, and protest by the Congress party even as nearly 3,000 police and paramilitary personnel are deployed to “maintain peace”


Sunday

03

Jan

Pan-India

Saturday

05

Dec

05 pm onwards

Rise in Rage!

North Gate, JNU campus

Thursday

26

Nov

10 am onwards

Delhi Chalo

Pan India

Theme

Taliban 2021

Taliban in Afghanistan: A look back

Communalism Combat had taken a deep dive into the lives of people of Afghanistan under the Taliban regime. Here we reproduce some of our archives documenting the plight of hapless Afghanis, especially women, who suffered the most under the hardline regime.
2020

Milestones 2020

In the year devastated by the Covid 19 Pandemic, India witnessed apathy against some of its most marginalised people and vilification of dissenters by powerful state and non state actors. As 2020 draws to a close, and hundreds of thousands of Indian farmers continue their protest in the bitter North Indian cold. Read how Indians resisted all attempts to snatch away fundamental and constitutional freedoms.
Migrant Diaries

Migrant Diaries

The 2020 COVID pandemic brought to fore the dismal lives that our migrant workers lead. Read these heartbreaking stories of how they lived before the pandemic, how the lockdown changed their lives and what they’re doing now.
Delhi HC

Hate Speech and Delhi Pogrom 2020

A spate of provocative speeches, that amount to hate speech in law and should be prosecuted allowed blood letting to spill on the streets of north east Delhi in February-March 2020

Campaigns

Sunday

03

Jan

Pan-India

Saturday

05

Dec

05 pm onwards

Rise in Rage!

North Gate, JNU campus

Thursday

26

Nov

10 am onwards

Delhi Chalo

Pan India

IN FACT

Analysis

Taliban 2021

Taliban in Afghanistan: A look back

Communalism Combat had taken a deep dive into the lives of people of Afghanistan under the Taliban regime. Here we reproduce some of our archives documenting the plight of hapless Afghanis, especially women, who suffered the most under the hardline regime.
2020

Milestones 2020

In the year devastated by the Covid 19 Pandemic, India witnessed apathy against some of its most marginalised people and vilification of dissenters by powerful state and non state actors. As 2020 draws to a close, and hundreds of thousands of Indian farmers continue their protest in the bitter North Indian cold. Read how Indians resisted all attempts to snatch away fundamental and constitutional freedoms.
Migrant Diaries

Migrant Diaries

The 2020 COVID pandemic brought to fore the dismal lives that our migrant workers lead. Read these heartbreaking stories of how they lived before the pandemic, how the lockdown changed their lives and what they’re doing now.
Delhi HC

Hate Speech and Delhi Pogrom 2020

A spate of provocative speeches, that amount to hate speech in law and should be prosecuted allowed blood letting to spill on the streets of north east Delhi in February-March 2020

Archives