Delhi court grants bail to students arrested during protest against CEC Gyanesh Kumar, backs police concerns

A Delhi court granted bail to students arrested during a protest against Chief Election Commissioner Gyanesh Kumar, while observing that the allegations against them were serious and that assault on police personnel could not be justified in the name of peaceful protest. The court also noted the alleged injury to a police official and damage to public property.

A Delhi court, while granting bail to students arrested during a protest against Chief Election Commissioner Gyanesh Kumar, made several observations supporting the police version of the incident, noting that the allegations against the accused were serious and that assault on police personnel could not be justified in the name of peaceful protest. Judicial Magistrate First Class Animesh Kumar of Patiala House Courts observed that every person has a right to protest peacefully; however, assaulting police officials on duty is a serious concern which cannot be permitted under the garb of peaceful protest.

The court specifically took note of the prosecution’s allegation that a police official had sustained injuries, as reflected in the MLC produced by the investigating officer. It also recorded the police allegation that the protesters had formed an unlawful assembly, obstructed or blocked public space despite prohibitory orders, and allegedly manhandled police officials deployed to manage the law-and-order situation. The court further noted the allegation that the protesters had assaulted police personnel, broken the window glass and back-side glass of a bus and caused damage to public property. It also recorded the investigating officer’s submission that the accused had not fully disclosed details of their family members and contact information, which, according to the police, hampered verification of their identities.

The police had sought 14 days’ judicial custody, submitting that the accused could commit further offences and interfere with the investigation. The defence opposed the plea, arguing that the accused were young students, had no previous criminal antecedents and were exercising their democratic right to dissent and protest. While considering the rival submissions, the court specifically recorded that the allegations against the accused were serious in nature. It observed that the alleged injury to a police official was a matter of concern, while reiterating that the right to peaceful protest did not permit assault on police personnel.

At the same time, the court noted that the accused did not appear to be habitual offenders and had their entire careers ahead of them. It also considered the nature of the offences and other circumstances before deciding to release them on bail. The students were accordingly granted bail on furnishing a personal bond of Rs 15,000 with one surety of the like amount, subject to conditions including non-interference with the investigation, regular appearance before the court and not leaving the country without prior permission.

The court also made it clear that in case of violation of any bail condition, the investigating agency would be at liberty to seek cancellation of bail. The case relates to an FIR registered at Parliament Street Police Station under provisions of the Bharatiya Nyaya Sanhita and the Prevention of Damage to Public Property Act. The arrest documents placed before the court also referred to CCTV footage as electronic evidence in support of the investigation. (ANI)