Kashish Jain
The main accused in the case of Red Fort Violence, Deep Sidhu in connection with the farmers tractor rally informed the Delhi Court that “Merely shouting spiritual slogans or presence at the Red Fort cannot make him a part of unlawful assembly”
Additional Sessions Judge Neelofer Abida Perveen was hearing the bail application for the accused. Sidhu has been accused of instigating violence as being the alleged “main instigator” in the case by the prosecution.
Advocate Abhishek Gupta, who is appearing on behalf of the Accused has submitted:
“It’s just a video. I can show the video. Slogans like ‘Jo Bole So Nihaal’ are said in various Gurudwaras and it is a common religious slogan. These are common slogans like ‘Jai Shree Ram. I don’t understand how reciting such spiritual slogans can be considered as a crime”
He has also submitted that there is nothing for the prosecution to prove that Sidhu had any role in instigating the crowd, or that he even had the mens rea to cause the violence that took place on Republic Day.
The Advocate on behalf of Sidhu has argued that it is the fundamental right of every person to participate in a peaceful protest.
He also submitted that Sidhu was actually trying to placate the crowd and thus there cannot be any reason or question in instigation, criminal conspiracy of him being a part of an unlawful assembly.
The Public Prosecutor appearing on behalf of the State has submitted:
“Attacking on police officials started after he reached there. Then he started addressing the crowd even louder. He started instigating the crowd. When Red Fort was not there in the prescribed route, then how did Red Fort come into the picture? If their motive was to peacefully protest against the farm laws, then why did he go there? His agenda was only to defame India, nationally and even internationally.
This was the only agenda of going to the Red Fort. Do the police officials who are on duty do not have any fundamental rights? Is it valid to commit violence in the name of fundamental rights? Is it valid to defame India in the name of fundamental rights?”