India Gate protest: 10 get bail; one rejected over alleged pro-Naxal slogans

Five students were arrested initially, followed by 17 more outside Parliament Street police station

A Delhi court on Tuesday granted bail to 10 of the 23 persons accused of scuffling with the police and raising pro-Naxal slogans during a protest against air pollution at India Gate last month, while rejecting the bail plea of one accused who had allegedly raised slogans in support of a Naxal leader at the site.

The sit-in was held on November 23, a Sunday, when students from Delhi University and other institutions gathered at India Gate under the banner of the Delhi Coordination Committee for Clean Air. (HT Archive)

In its bail order, judicial magistrate first class Aridaman Singh Cheema observed that the prosecution had produced no material to show that the accused were linked to any radical or Naxal organisation, and that all investigative material, including CCTV footage and video clips, was already with the police.

In a common observation for those granted bail, the court said, “The allegations are regarding the presence of accused at the protest site raising slogans… no purpose shall be served by keeping the accused in judicial custody further.” It added that concerns about absconding or tampering with evidence could be addressed through reasonable bail conditions.

However, the court found that one accused woman, Illakiya, had indeed raised slogans supporting Madvi Hidma and was allegedly a member of the Radical Students Union (RSU), a banned frontal organisation of Naxals.

Rejecting her bail plea, the court said, “The investigation in the identification of other members related to RSU is pending. The protest, which was only for the purpose of pollution, transformed into support of Hidma and the present accused has been identified as the member of the RSU.” It added that identifying other RSU members was necessary to determine who had conspired to turn the pollution protest into one supporting Hidma, and that releasing Illakiya at this stage might enable her to commit a similar offence or alert others who could abscond.

Thirteen protesters remain in judicial custody. All have moved bail applications, on which orders are awaited.

The sit-in was held on November 23, a Sunday, when students from Delhi University and other institutions gathered at India Gate under the banner of the Delhi Coordination Committee for Clean Air. Police said the protest had no permission and turned confrontational when officers attempted to disperse the crowd. Five students were arrested initially, followed by 17 more outside Parliament Street police station.

On November 28, Delhi Police re-arrested eight students in a second FIR lodged at Kartavya Path police station — hours after they were granted bail in the case filed at Parliament Street police station. The remaining 15 accused, who had also secured bail in the Parliament Street FIR, were subsequently taken into judicial custody in the Kartavya Path FIR, effectively stopping their release.

Police alleged that protesters had raised pro-Naxal slogans, while defence counsels dismissed the claims, arguing that there was no material linking the accused to Naxal organisations. They also contended that the offences carried a maximum punishment of less than seven years, making bail the rule rather than the exception.