A Delhi court on Friday, 10 January, granted bail to 12 people arrested in connection with the violence in Seemapuri area of northeast Delhi during recent protests against the Citizenship (Amendment) Act.
However, the Karkardooma District Court imposed an unusual condition in the bail order which stated that the accused should appear before the Seemapuri Police on 19 January, where the Investigating Officer/Station House Officer “shall make endeavour to remove the doubts of the applicants in respect of CAA.”
Additional Sessions Judge Sanjeev Kumar Malhotra granted relief to the accused on a personal bond of Rs 20,000 each and one surety of like amount, PTI reported.
Most of the accused had been in judicial custody since 21 December.
It directed them to join investigation as and when required by the investigating officer and not to engage in "any act which may disturb the public peace".
“Right to protest is recognised as fundamental right in a democracy but this right of peaceful protest and open criticism of government policies do not extend to disturb the public order, ie, public peace, safety and tranquility. The Constitution of India also prohibits a person from making any statement that incites people to commit an offence,” the court said.
Those granted relief are – Amjad Khan, Abdul Kalam, Rajaullah Khan, Nisar, Amiruddin, Suaib, Ahtmaad Ahmed, Waqar, Anis, Hazi Mehraj, Mohd Shoib and Mohd Amir.
‘The Accused Were Peacefully Protesting’
Advocates Zakir Raja and Satya Prakash Gautam, appearing for some of the accused, told the judge that 10 out of the12 accused had been in judicial custody since 21 December 2019 and some of them were not even present in the protest.
The advocates claimed that the accused were peacefully protesting against the CAA.
The advocates further said that Section 307 (attempt to murder) of the IPC is not applicable in the case since “admittedly the nature of the injuries sustained by police officials is simple in nature”.
Stone-pelting and incidents of violence were reported on 20 December from Daryaganj in Old Delhi and Seemapuri in northeast part of the national capital during protests against the Citizenship (Amendment) Act, the police said.
In Seemapuri, an additional deputy commissioner of police suffered minor injuries, it said.
Police said the arrested people were part of an unruly mob and they were a "threat" to peace.
It further alleged that the accused damaged public property and pelted stones at the police.
Some of the police personnel received serious injuries and, therefore, Section 307 was slapped against them, police said.
(With inputs from PTI.)
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