[Red Fort Violence] Delhi Court To Hear Deep Sidhu's Bail Plea In Connection With ASI FIR Tomorrow

A Delhi Court adjourned till tomorrow hearing in the bail application moved by Deep Sidhu in connection with the Archeological Survey of India's FIR registered against him in relation to the Red Fort Violence that broke out on Republic Day this year.

The adjournment came after the Public Prosecutor sought short adjournment for filing the reply in the matter. 

Advocate Abhishek Gupta appearing for Deep Sidhu objected to the adjournment on the ground that the Prosecution was directed in the open court on the last date of hearing to file a reply and submit an advance copy to the defense before the next date of hearing.

The Court thereafter put the matter for hearing tomorrow at 11:30 AM after directing the PP to serve a copy of reply to the defense by 10 AM.

During the course of hearing, Advocate Gupta submitted before the Court that the bail must be granted to Sidhu as another Court had already granted him regular bail in FIR 96/2021 and that the two FIRs were based on identical set of facts.

Stating that such an arrest is per se a glaring breach of Article 21 of Sidhu, Gupta argued that he will argue the bail application on merits of the case.

At the outset, the CMM posed a question of Jurisdictional error as regards to the said FIR. According to the judge, since the FIR invokes sec. 149 of the Indian Penal Code, the said factor will call into picture sec. 395 as well, making the offence punishable with Life imprisonment.

Stating that the case cannot be heard by CMM Court, the judge suggested Gupta to move the application before a sessions court.

Gupta on the other hand informed the Court that since the present FIR invoked only sec. 149 which does not entail Life imprisonment punishment, CMM court is well within its jurisdiction to adjudicate the Application.

The Court then informed Gupta that the said question will be taken up by the court tomorrow.

Delhi Court Allows Delhi Police's Plea Seeking Deep Sidhu's Production For Obtaining His Voice Samples At FSL

About the Case

Deep Sidhu was arrested again hours in another FIR filed by the Archaeological Survey of India after being granted bail in the FIR pertaining to red fort violence case connection with the violence that broke out during the farmer's tractor rally on Republic Day.

The FIR was registered on the basis of a complaint made by Gunjan Kumar Srivastava, Superintendent Archaeologist alleging that a mob barged inside the Lahore Gate, damaged electrical fittings of illuminated lights, charged towards the Red Fort rampart and forcefully hoisted a flag on the pole where the Hon'ble PM hoists Indian National Flag on independence day.

The said FIR has been registered under sec. 147, 148, 149, 153, 452, 34 of IPC along with sec. 25, 27 of Arms Act, Sec. 3, 4 of PDPP Act, Sec. 2 of Prevention of Insults to National Honours Act and Sec. 30A, 30B of Ancient Monuments and Archaeological Sites and Remains Act.

Stating that Red Fort is a UNESCO World Heritage Monument which is protected under the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, the FIR alleges that on the Republic Day at around 12:10 PM, about 25 tractors and 200-300 protestors entered Gyanpath area through Netaji Subhas Marg and attempted to push their way into the Red Fort through the Lahori Gate.

Grant of Bail to Deep Sidhu in Red Fort Violence FIR

While granting bail to Sidhu, Additional Sessions Judge Neelofer Abida Perveen observed thus:

"The prosecution's case rests largely and on contents of video recordings and footage available and accessible to all on social media sites in public domain. There is a remote possibility of applicant being able to interfere with the content on such platform."

Bail was granted subject to his furnishing personal bond with two local sureties in the sum of Rs. 30,000/- each to the satisfaction of the Court.