NEW DELHI, April, 06 ÷ A court here has dismissed the bail pleas of eight accused persons arrested for vandalising the residence of Delhi Chief Minister Arvind Kejriwal’s noting that prima facie it is clear that their fundamental right to peacefully protest is exceeded by them knowingly or intentionally.
Though the right to assemble and protest by political party is a fundamental right, it is subject to certain restrictions and not an uncontrolled one, Additional Sessions Judge Naveen Kumar Kashyap observed in Monday’s order while denying bail to the accused.
The court also observed that the accused persons caused damage to the public property and injury to the police officials.
“… it is rightly stated by the police official concerned that investigation is at very initial stage and they are still investigating the other offences which are committed, if any… It is further stated that they are still awaiting reply to the notice given to the concerned official of the CM house regarding the CCTV footage and the damage to the boom barrier. Further, even the period to seek police remand is not yet over. Therefore, having regard to the manner in which the present offence is committed, the very initial stage of the investigation and the role assigned to the present accused persons, this Court is not inclined at this stage to grant them regular bail. With these obsevations these eight connected bail applications are disposed of as dismissed,” the order read.
As per the Delhi Police, the FIR was registered under sections 186 (Obstructing public servant in discharge of public functions), 353 (Assault or criminal force to deter public servant from discharge of his duty), 188 (Disobedience to order duly promulgated by public servant) and 332 (Voluntarily causing hurt to deter public servant from his duty) of the IPC and under section 3 of the Prevention of Damage to Public Property Act.
On March 30, around 70 people were detained for creating ruckus outside Kejriwal’s residence during a protest that was spearheaded by the BJP’s Yuva Morcha over the Chief Minister’s recent remarks in the Assembly on ‘The Kashmir Files’ that were deemed as “against” the Kashmiri Pandit community among the saffron clans.
Kejriwal was not present inside the residence at the time of the incident…..