New Delhi:
A Delhi court on Tuesday came down heavily on the Delhi Police for failing to produce any evidence against Bhim Army chief Chandrashekhar Azad, remarking that people were out on the streets as things which should have been said in Parliament have not been said.
Additional sessions judge Kamini Lau slammed the force, stating that the police department was “behaving as if Jama Masjid was Pakistan” and even if it was, one can protest there peacefully. The court’s remarks came while it was hearing the bail application of Azad, who had been arrested on charges of “inciting the mob” during protests at the Jama Masjid area late December. The violence had taken place on December 20 and Azad was arrested a day later.
“Inside Parliament, things which should have been said are not being said and that is why people are out on the streets. We have full right to express our views but we cannot destroy our country,” the judge said.
The remarks came when the public prosecutor appearing for the police alleged that Azad had incited violence through his social media posts. The prosecutor initially refused to share the posts in question with advocate Mahmood Pracha, the counsel for Azad.
However, this did not go well with the judge. “Where is the violence? What is wrong with any of these posts? Who says you cannot protest? Have you read the Constitution,” she said.
{{/usCountry}}However, this did not go well with the judge. “Where is the violence? What is wrong with any of these posts? Who says you cannot protest? Have you read the Constitution,” she said.
{{/usCountry}}“You are behaving as if Jama Masjid is Pakistan. Even if it was Pakistan, you can go there and protest. Pakistan was a part of undivided India,” the judge said. She said none of the social media posts of Azad were unconstitutional, while asserting that everyone has the right to protest.
The public prosecutor pointed out that protestors had not taken permission to protest there.
Replying to this, the court said, “What permission? Supreme Court has said that repeated use of Section 144 is an abuse.” She said she has seen many people protesting outside the Parliament going on to become leaders and ministers later.
Terming Azad as a “budding politician”, the court asked the Delhi police to show it which law prohibits people from protesting at a religious place.
“I want you to show me under which law it is prohibited for someone to protest outside religious places,” the judge said.
The court asked the Delhi Police whether it has any evidence against Azad.
“Do you think that Delhi Police is so backward that they don’t have any evidence. Even in small matters, they have recorded evidence; why not in this incident,” the judge said.
To this, the Delhi Police said they have drone footage purportedly showing Azad giving inflammatory speech, a claim which was denied Azad’s counsel.
The court further observed that Azad, having a law degree, can also protest inside the courts.
The matter would be now heard on Wednesday.
Ends