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‘Where is the reasoning?’: Delhi HC restores Youth Congress chief Uday Bhanu Chib's bail in AI summit protest case
Justice Saurabh Banerjee observed that the sessions court’s February 28 order appeared to have been passed without due application of mind
The Delhi high court on Monday stayed a sessions court’s order that had put on hold the release of Indian Youth Congress (IYC) president Uday Bhanu Chib, who was arrested on February 24 as the "main conspirator" behind a shirtless protest at the India AI Impact Summit at Bharat Mandapam.
The high court said the sessions court granted an interim stay on Chib’s release without explaining why this was necessary.
Chib was granted bail by the duty magistrate Vanshika Mehta on February 28 afternoon when he was produced after four days in police custody. But the bail order was stayed by additional sessions judge Amit Bansal later in the evening on the prosecution’s application without hearing Chib.
Also read | Delhi court grants bail to Congress workers in AI summit protest case: ‘Symbolic political critique’
Chib appealed against the sessions court order to the high court, which is currently closed for the Holi break and will reopen on March 9. Justice Saurabh Banerjee held a special sitting to hear his petition on Monday and paused the sessions court order.
“Where is the reasoning in this order (sessions court order)? According to my little understanding, the order has to be stayed. There is no reasoning for coming to this finding. I'm not disputing the overall pendency, working, or the catch with respect to involving the whole factual situation. Some application of the mind has to be there…. Where is an exception? A rarity has been carved out that some grant of an interim stay is required? The order has to be stayed because there is no application of mind. Prima facie today, I am not satisfied with the order,” justice Banerjee told additional solicitor general DP Singh and standing counsel Sanjay Lao, who appeared for Delhi Police.
Passing a short order, justice Banerjee said, “Since there is no clear reflection of the applicability of Parvinder Singh Khurana (judgment), there will be a stay of the order passed on February 28.”
In its order, the sessions court observed that the magistrate’s order constituted a rare and exceptional situation that warranted the grant of an ex parte stay. It also fixed March 6 as the next date of hearing and issued notice to Chib.
Senior advocates Siddharth Luthra and Salman Khurshid, who appeared for Chib, argued that the order was passed without a hearing and did not provide any reasons for the decision.
Luthra described the conduct of the Delhi Police in the case as “shocking”, saying the police had even declined to furnish a copy of the application seeking police custody when Chib was produced before the magistrate for the second time.
The Delhi Police's lawyers, on the other hand, said the case was still under investigation, and the sessions court had already issued a notice and had yet to decide on the application.
Chib was arrested on February 24 in connection with his role in the protest at Bharat Mandapam, where IYC members removed their shirts to display slogans targeting Prime Minister Narendra Modi and the central government. He was remanded in police custody for four days in connection with the February 20 protest at the India AI Impact Summit.
On February 20, approximately 15 to 20 male members of the Indian Youth Congress (IYC) allegedly entered the summit venue and removed their T-shirts, revealing images of Prime Minister Narendra Modi and US President Donald Trump along with the captions “PM is compromised” and “India-US Trade Deal.”
The protest by 15-20 IYC members took place on February 20 at 12:30 pm during a global event and lasted about 10-15 minutes.
The Delhi Police registered an FIR under provisions of the Bharatiya Nyaya Sanhita, including criminal conspiracy, causing hurt and assault on a public servant, disobedience of a public servant’s order, unlawful assembly, and violation of prohibitory orders.
Special commissioner of police (Crime Branch) Devesh Chandra Srivastava later said the incident appeared to be part of a premeditated conspiracy and that the police had substantial evidence against the accused.
