Delhi: No anticipatory bail for waving sword at Red Fort | Delhi News – Times of India

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NEW DELHI: A city court refused anticipatory bail to a man accused of rioting at Red Fort during the farmers’ tractor rally on Republic Day, observing that no citizen can have unfettered liberty to celebrate a national event in a way the applicant was shown in photos. The applicant said he was only displaying a martial art skills, reports Aamir Khan.
Additional sessions judge Charu Aggarwal observed that it was an “overt act” where he was waving a “big sword” in the prohibited area of Red Fort.
‘Liberty fundamental human dignity, but regulated by the law’
The court noted that the photographs and videos shown placed on record told a different story.
“Liberty, albeit, is the fundamental human dignity of every citizen but such liberty is regulated by law. The allegations against the applicant are serious. His custodial interrogation is required to unearth certain facts. No ground for anticipatory bail is made out,” it held.
The court also observed that the argument on behalf of Preet Pal Singh that every citizen has the right to celebrate Republic Day in his own way and it was the way of the applicant to celebrate was prima facie not convincing.
Singh, through his counsel, submitted that he was only 37 years of age and from a respectable family. It was argued that the FIR didn’t attribute any specific role and even hypothetically only the allegation of breaking of barricades, attracting IPC Section 186 (obstructing public servant in discharge of public functions), a bailable offence, was against him.
The counsel argued that Singh had participated in the peaceful protest during the tractor rally and neither was he an instigator nor did he have an active role in the alleged crime. It was also submitted that he was not a part of the violence that took place at Red Fort.
Singh was, therefore, stated to have only displayed a martial art form with a “khanda” (big sword). The counsel pointed out that Singh’s action of waving the khanda was a tableaux by him, which probably was not liked by the state. The counsel said his client was ready to join the investigation as and when called by the IO.
Singh, it was argued, was not shown to have attacked any police personnel or damaged public property in the FIR and he wasn’t connected to any political group or kisan organisation.
The state’s prosecutor opposed the applicant’s contentions saying the photographs placed on record by the investigating officer showed his “active role” as an instigator of the mob and attacking police personnel with swords.



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