
The Delhi High Court has reserved its decision on the bail pleas of Neelam Azad and Mahesh Kumawat, who are accused in the December 13, 2023 Parliament security breach. During the hearing, the court questioned the reasoning behind choosing Parliament as the venue for their protest, especially on the anniversary of the 2001 Parliament attack, stating such a choice could be seen as intimidating to the nation. The accused’s lawyers argued that the protest did not constitute a terrorist act under the Unlawful Activities (Prevention) Act (UAPA) and that these issues should be addressed during the trial.
The court observed that while a protest with smoke canisters in locations like Jantar Mantar or Delhi Zoo might not be as grave, doing so inside Parliament carries serious implications. The bench said it must assess whether the place, timing, and manner of the protest collectively fulfill the criteria for charges under the UAPA. The impact of the smoke, such as potential health hazards or psychological effects on parliamentarians, was also discussed.
Opposing the bail, Additional Solicitor General Chetan Sharma argued that the accused’s actions symbolized an assault not just on individuals but on democracy itself. He cited provisions of the UAPA and IPC, claiming the use of smoke devices inside Parliament, on such a symbolic day, was intended to spread fear and undermine national security. Meanwhile, in a separate case, the High Court directed the Centre to provide full documentation on the recognition of the Indian Pickleball Association amid an ongoing legal dispute over the sport’s governance.
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