Delhi Court Transfers Deep Sidhu's Bail Plea To District and Sessions Court To Decide Jurisdiction

A Delhi Court on Wednesday transferred to District and Sessions Judge, the bail application filed by Deep Sidhu, accused in the Red Fort Violence case in connection with the farmer's protest tractor rally in order to decide the jurisdiction of the appropriate Court in hearing the matter. The matter will be heard today at 2 PM by the District and Sessions Court.

Additional Sessions Judge Deepak Dabas pronounced the order in the presence of Advocate Abhishek Gupta, Inspector Pankaj Arora and APP on behalf of the State.

"In view of aforesaid facts and circumstances, the present bail application be put up before District and Sessions Judge today itself at 2PM for further directions. Parties are directed to appear before learned District and Sessions Judge."

The order came after ASJ Dabas observed at the outset that since the earlier proceedings in the matter were heard by other Courts, it would be appropriate for the District and Sessions Judge to decide which Court will hear the bail application further.

During the course of hearing, Advocate Gupta appearing on behalf of accused Deep Sidhu submitted before the Court that "He was at the wrong place at the wrong time. This is a media trial going on. If I tell you the facts, you will be shocked."

Furthermore, Advocate Gupta also submitted that there are other orders by ASJ Charu Aggarwal, giving bails to other co accused persons, which will prove that Sidhu's role in the entire case was "lesser".

"We have earlier moved an application under sec. 156(3) of CrPC before other Magistrate. There is a benefit to your lordships that orders as regards to other accused show that my role is lesser." Gupta submitted.

At the outset, the Court ordered:

"Inspector Pankaj Arora submits that 7 co accused persons have been granted bail by ASJ Charu Aggarwal. It is further submitted that anticipatory bail application filed on behalf of other co Accused persons are still pending in the said court. It is further submitted that the present bail application be also sent to same court in order to avoid conflicting order. Learned counsel for accused submits that he has no objection. Learned APP for State submit that present application be sent to said court in order to avoid conflicting orders. Perusal of order/circular dated 4th January 2021 shows that bail application pertaining to Crime Branch are to be dealt with this Court. Bail applications pertaining to PS Kotwali are to be dealt by the Court of Charu Aggarwal ASJ. In view of aforesaid facts, the present bail application be put up before District and Sessions Judge today itself at 2PM for further directions. Parties are directed to appear before learned District and Sessions Judge. IO Pankaj Arora directed to file reply at the earliest."

Background

An FIR was registered against Deep Sidhu by the Crime Branch (Central Delhi) of the Delhi Police in connection with the violence that broke out at Red Fort on Republic Day under sec. 147, 148, 149, 152, 186, 353, 332, 307, 308, 395, 397, 427 and 188 of the IPC read with sec. 25, 27, 54 and 59 of the Arms Act, 1959 and sec. 3 of the Prevention of Damage to Public Property Act 1984. Sidhu has been accused of instigating violence as being the alleged "main instigator" in the case.

In other news, CMM Gajendra Singh Nagar vide order dated 26th February 2021 directed the police officials to conduct fair and impartial investigation to 'unearth the truth' in the matter regarding Sidhu's involvement in the case. The development came after Advocate Abhishek Gupta had moved an application in the Court seeking directions to the investigating agency to call, preserve and make part of the investigation the other records and material pertaining to the case.

During the course of hearing, it was submitted by Advocate Gupta appearing for Sidhu that "I never urged people to go to the Red Fort. Nor did I call anyone to gather at the Red Fort. You have all the videos. Wheareas there are videos of other people also asking to come at the Red Fort. They have considered my video but they must also consider videos of others too. I am not the main accused. Before I reached there, people had already broken the barricades. I was trying to pacify the crowd and help the police."

However, another application was also moved by Deep Sidhu seeking security in jail premises which was withdrawn after Advocate Gupta informed the judge that Sidhu was already being kept in a separate cell.