Published on: April 14, 2022 at 07:02 IST
Single-Judge Justice Asha Menon noted that the First Information Report does not mention use of any weapons or call for any Violence and that five of the Accused were in their twenties whose continued incarceration was not required.
The Evidence collected so far are of such a nature that the Applicants cannot tamper with it. Others who had been identified in the photos have been issued notices under Section 41A Criminal Procedure Code and are also participating in the Investigations. Thus, the continued Custody of the Applicants in Jail is not called for only because some Investigations are still going on,” the Court said.
Eight men were Members of the Bharatiya Janata Yuva Morcha (BJYM) who were involved in Vandalisation of Kejriwal’s house for his remarks on Kashmiri Pandits during his Speech in the Delhi Assembly.
The Judge noted that though the protesting members of Bharatiya Janata Yuva Morcha gathered outside the IP College and that as the crowd swelled, they started moving forward but, significantly, there is no mention of any weapon or arms or any call for violence.
“The First Information Report merely states that the applicants jumped the barricades. It is also stated that the Police sought to reason with them but they did not listen to the Police and kept moving towards the CM Residence. There is reference to jostling, during which some Policemen have received injuries. Four Policemen stated to be injured are not hospitalised. Their MLCs have also been collected, only the opinion in respect of two Policemen is awaited,” the Court observed.
Earlier, Delhi Court had denied Bail to these eight men holding that its Prima Facie appeared that the Accused were among those who had damaged public property and caused injury to the Police Officials.
A Division Bench of the Delhi High Court has also asked the Delhi Police to furnish a Report in Sealed Cover with regard to its Investigation into the Vandalism.