A Delhi court has denied pre arrest bail to a one Preet Pal Singh, who was allegedly seen in photographs and videos carrying a big sword and waving the same at the Red Fort on January 26, in connection with the violence that broke out during the tractor rally.

The Additional Sessions Judge remarked, “After seeing the videos and photographs, Ld. Senior counsel has argued that the applicant was doing the Martial art at the Red Fort with the kanda (big sword) and on the Republic Day every citizen has right to celebrate it in the way they want to celebrate it and the action of applicant by waving the kanda in his hands was a Tablaux by him, which probably was not liked by the State.”

Judge Charu Aggarwal said, “The argument of Ld. Senior counsel that every citizen has the right to celebrate republic day in his own way and it was the way of applicant to celebrate the republic day is prima-facie not convincing because no citizen can have unfettered liberty to celebrate the national event in the way the applicant is shown in the photographs is doing. Liberty, albeit is fundamental human dignity of every citizen but such liberty is regulated by law.”

Preet Pal Singh was booked for rioting, unlawful assembly, disobedience against order promulgated by a public servant, criminal conspiracy, attempt to murder under the Indian Penal Code and relevant sections of the Arms Act, Prevention of Damage to Public Property Act and Ancient Monuments Preservation Act.

The prosecution alleged that on the basis of photographs and videos placed on record, it was clear that Preet Pal carried and waved the sword at the Red Fort, thereby attacking the police personnel with the swords in both his hands. In view of this, the Additional Public Prosecutor Virender Singh vehemently opposed the grant of pre arrest bail to Singh.

The accused, however, argued that he was “neither the instigator, nor the agitator” and that he did not have any active role in the crime or violence which broke out in the area of Red Fort. Noting that the allegations against Singh were prima facie not convincing, the Court observed that no citizen has the liberty to celebrate the national event as was done by him.

Thus, the court held, “The allegations against the applicant are serious. His custodial interrogation is required to unearth certain facts. No ground for anticipatory bail is made out. The application is hereby dismissed.”

Interestingly, the same judge had granted bail to one Akashpreet, observing that his mere presence and climbing on the Red Fort wall cannot justify his further incarceration, reported SabrangIndia.

The order may be read here:

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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

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The post Delhi court denies bail to R-Day violence accused seen carrying national flag appeared first on SabrangIndia.

Additional Sessions Judge Charu Agarwal of the Tis Hazari court has granted bail to one Akashpreet Singh in connection with the Republic Day violence after observing that mere presence and climbing on the Red Fort wall by the accused cannot justify his further incarceration.

She said, “At this stage of the matter, mere presence and climbing on the wall by the accused cannot justify his further incarceration as he is already in JC (judicial custody) since 03.02.2021. Investigation qua him is already completed,” and therefore, allowed his bail application subject to furnishing of personal bond of Rs. 25,000 and a surety of the like amount.

An FIR was registered against him under sections 307 (attempt to murder), 308 (culpable homicide not amounting to murder), 395 (dacoity), 397 (dacoity with attempt to cause death), 427 (mischief), 188 (disobedience to order by public servant), 120B (criminal conspiracy) and 34 (common intention) of the Indian Penal Code read with relevant sections of the Arms Act, Prevention of Damage to Public Property Act, 1984 and Ancient Monuments Preservation Act.

Akashpreet’s lawyer argued that he has no active role to play in this alleged crime and that he was present at the Red Fort and was climbing on the wall but his mere presence and climbing will not make him a member of the unlawful assembly. Further, it was argued that he was in fact the “victim of the crime” as he suffered a firearm injury while distributing water to the people near the spot on January 26.

But the prosecution argued that since the accused, along with other protesters, broke the police barricades and forcibly entered the Red Fort area thereby attacking the police and damaging police vehicles, bail should not be granted. It was also argued that from the photographs placed on record, Akashpreet could be clearly seen at Red Fort and that was sufficient to show his culpability in the offence.

To this, the court observed, “Presently, the only material against the applicant with the prosecution is his photographs at the spot i.e., Red Fort showing that he is climbing at the wall. No active role as instigator or attacker on the police personnel has been assigned to the applicant in the alleged crime.”

His bail plea was allowed by the court after holding that his mere presence at Red Fort does not prove his guilt.

The order may be read here: 

Related:

Farmer Navreet Singh’s death: Delhi HC directs UP Police to submit post mortem video

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Deep Sidhu arrested by Delhi Police Special Cell

The post Mere presence of accused at Red Fort cannot justify incarceration: Delhi court on R-Day violence appeared first on SabrangIndia.

Delhi Police have arrested Iqbal Singh, a key suspect in the Red Fort violence case, from Punjab. Singh is the third person to be arrested after Sukhdev Singh and Deep Sidhu. There are the eight key suspects named in the case by the Delhi Police.

According to a report in The Hindustan Times, Iqbal Singh was arrested from Hoshiyarpur in Punjab on the night of February 9. The news was made public on Wednesday, February 10 by Deputy Commissioner of Police (DCP- Special Cell) Sanjeev Kumar Yadav.

A leading figure behind the break-in and ensuing violence at Red Fort, was carrying a reward of Rs. 50,000/- on his arrest..

Has been an avid propagator of banned SFJ’s ‘Referendum 2020’..

— Special Cell, Delhi Police (@CellDelhi) February 10, 2021

The Special Cell stated that Singh “had instigated the rioters to force their way into Red Fort and had threatened to use weapons against security personnel deployed at its gate.” The Police had also announced a Rs 50,000 reward for information leading to Singh’s arrest. According to the HT report, Delhi Police had identified Singh as the one who allegedly did a “Facebook Live” from the Red Fort during the violence on Republic Day, January 26, 2021. Singh was accused of instigating the crowds, and police stated that his presence at Red Fort was confirmed with the Facebook Live telecast, as well as other video footage in which he can be seen, stated HT, quoting police sources.

The crime branch team arrested Sukhdev Singh from Chandigarh on Sunday reported HT. He also carried a reward of Rs 50,000. Those still absconding are Jugraj Singh, who has been identified as the one who allegedly hoisted a religious flag on the ramparts of the Red Fort, Gurjit Singh, Gurjant Singh, Buta Singh, and Jajbir Singh. Gurjot and Gurjant carry a Rs1 lakh reward each for their arrest while there is a Rs 50,000 reward each for information leading to the arrest of Buta, Jajbir and Jugraj, stated the news report, adding that total of 44 cases have been registered and 133 people have been arrested so far, in connection with the Republic Day violence.

Actor Deep Sidhu was arrested from Haryana’s Karnal district around 36 hours before this latest arrest, and not Punjab as early reports had mentioned. Sidhu was arrested by the SWR Range of the Special Cell. The police accused him of being a “prominent player behind Republic Day violence,” adding that he was “instigating youngsters with his provocative speeches and stardom even when he was hiding from the law.” 

@HMOIndia @LtGovDelhi @CPDelhi

On the run after show-biz at Red Fort rampart, actor Deep Sidhu arrested..

Was a prominent player behind Republic Day violence..

Had been instigating youngsters with his provocative speeches and stardom even when he was hiding from the law..

— Special Cell, Delhi Police (@CellDelhi) February 9, 2021

Details have also emerged on how Deep Sindhu was arrested near the Karnal Bypass, where he was reportedly “waiting for a car arranged by his friend to leave for Bihar’s Purnea and meet his wife.” Even on the run from police, Deep Sidhu continued to defend himself in multiple social media posts, ranting against the Punjabi community who he claimed had disowned him for his actions. Most farmers who took part in the peaceful Kisan Ganatantra Parade, or farmers republic parade, had also condemned the events that unfolded at Red Fort and ITO. 

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