Delhi Court Grants Bail to Students in CEC Protest Case
A Delhi court granted bail to students arrested during a protest against CEC Gyanesh Kumar, while noting that assaulting police is not a right to protest.
In a significant ruling involving the limits of democratic dissent, a Delhi court has granted bail to several students who were arrested during a protest directed at Chief Election Commissioner (CEC) Gyanesh Kumar. While the court allowed the students to be released, it issued stern observations backing the police version of events, emphasizing that the right to protest does not extend to physical violence.
Assault on Police Not a Right to Protest
Presiding over the matter, Judicial Magistrate First Class Animesh Kumar of the Patiala House Courts made it clear that while every citizen possesses the fundamental right to protest peacefully, such rights cannot be used as a shield for criminal behavior. The court noted that assaulting police officials performing their duties is a grave matter that cannot be permitted under the guise of a peaceful demonstration.
The court specifically highlighted the seriousness of the allegations, noting that a police official had reportedly sustained injuries during the incident. This was supported by a Medico-Legal Case (MLC) report produced by the investigating officer during the proceedings.
Allegations of Unlawful Assembly and Property Damage
The prosecution presented a detailed account of the chaos that unfolded during the demonstration. According to the police, the protesters engaged in several unlawful activities, including:
- Forming an unlawful assembly in violation of prohibitory orders.
- Obstructing and blocking public spaces.
- Manhandling police personnel deployed to maintain law and order.
- Damaging public property, specifically by breaking the window glass of a bus.
The investigating officer further informed the court that the accused had allegedly failed to provide complete details regarding their family members and contact information, a move the police claimed was intended to hamper the verification of their identities.
The Defense: Young Students with No Criminal Record
The defense counsel vehemently opposed the plea for judicial custody, arguing that the accused are young students with no prior criminal history. They maintained that the students were merely exercising their democratic right to dissent and express their views against the CEC.
In weighing the two sides, the court acknowledged the gravity of the charges but also took a humanitarian view. The magistrate noted that the accused did not appear to be habitual offenders and emphasized that they have their entire professional careers ahead of them.
Bail Conditions and Legal Framework
Taking into account the nature of the offenses and the personal circumstances of the students, the court granted bail subject to several strict conditions. The students must furnish a personal bond of Rs 15,000 along with one surety of the same amount. Additionally, they must adhere to the following:
- Non-interference with the ongoing investigation.
- Regular appearance before the court as required.
- Prior permission from the court before leaving the country.
The court warned that any violation of these conditions would allow the investigating agency to move for the immediate cancellation of their bail. The case, which involves an FIR registered at the Parliament Street Police Station, is being investigated under the provisions of the Bharatiya Nyaya Sanhita and the Prevention of Damage to Public Property Act. Investigators have also cited CCTV footage as electronic evidence to support their claims of violence and property damage.