Red Fort Violence: Delhi Court Reserves Order In Deep Sidhu's Bail Plea For April 15

A Delhi Court on Monday reserved orders in the bail application filed by Deep Sidhu, accused in the Red Fort Violence case in connection with the farmer's protest tractor rally. The order will be pronounced by the Court on April 15.

Additional Sessions Judge Neelofer Abida Perveen reserved the order while hearing the bail application filed by Deep Sidhu who has been accused of instigating violence as being the alleged "main instigator" in the case by the prosecution.

During the course of hearing, it was submitted by the Public Prosecutor appearing on behalf of the State that the interviews given by Deep Sidhu to various media channels show his "intention of committing violence, to disregard the national flag and the police personnel who were injured" during the alleged violence that erupted at the Red Fort.

The said submission came in view of the previous order by the Court directing the parties to submit relevant transcripts to substantiate their respective claims qua Sidhu which could prove his role in instigation of the violence.

While referring to various news interviews, the PP specifically emphasized on the following statements allegedly made by Sidhu saying "26 tareekh aarahi hain. Zyada se zyada log laao. Apne gharo se tractor laao" and "Hum jab 26 November ko aaye the toh barricade Todd kar aaye the".

Reading out the relevant portions of the interview transcripts, PP submitted thus:

"This interview is showing his intention for committing violence to blame our country, to disregard our national flag, to disregard our police personnel where several were injured. He was not intending to follow the route which was provided for the march. On 26th January at Red fort, while instigating another person, Sidhu was seen at Red Fort to hoist Nidhan Sahib Flag. A screenshot of a video is also available."

Submitting that Sidhu was visible at the Red Fort instigating the mob, it was also the case of the prosecution that the national flag was thrown in his presence by other protestors, however, despite witnessing the alleged incidents, he did not do anything to prevent others or to console the mob.

"After flagging Nishan Sahib, he came down and started announcing through a loud hailer that other leaders must also reach red fort to take charge by saying that protestors have created a history at Red Fort in India. There was a purpose behind calling others. The purpose was to start a new morcha at Red Fort. Deep Sidhu further instigated the mob by saying " Salam hai aapko. Aapne ithihaas rach diya hain. Humne shanti se kardia hain." On one hand he says "shanti", on the other hand he commits violence." PP submitted at the outset.

On the other hand, it was submitted on behalf of Advocate Abhishek Gupta, appearing on behalf of Sidhu that the prosecution has in fact tried to "pick and choose" from the transcripts involving Sidhu's interviews.

"It is extremely unfortunate. It is just pick and choose. We have placed on record the complete transcripts, whether it's instigation or its merely a dissent. This has to be seen as a whole." Gupta submitted.

At the outset, it was also argued that there is a fundamental difference between instigation and protest and according to Gupta, this wasn't the case of instigation but the latter.

"I am a popular face. People know me there. He is going there for unity. My lords will see that nowhere in the transcripts he has taken the name of red fort even once. By this logic all the 10,000 people who went there must be made accused in the matter. How can those 10,000 people be made accused? Is this possible?" Gupta argued.

Furthermore, Gupta went ahead to argue thus:

"All these videos are with the Investigating agency. They have picked and choose. He knows what is the difference between protest and Instigation. He is a lawyer. Their entire case is that I hoisted the flag. I am not the one who is hosting it. There are pictures and videos showing it. Indian flags are seen in the background. There is no disregard. People were throwing Indian flags so can those 1000 people be implicated? It's very debatable if this is even a crime or not. I have not asked anyone to hoist the flag."

While arguing that these transcripts will show that there is positive evidence to the contrary which negates prosecution's case of mens rea, Gupta argued that the presumption of innocence is in his favour.

"He is repeatedly saying to be in unity, that he is not violent. At the spot before violence he is saying this. I ask myself a question, is he instigating people? It is a positive proof. Even if two views are available, take one in my favour." Gupta argued.

During the course of previous hearing, it was submitted by Sidhu that "merely shouting common spiritual slogans or presence at the Red Fort cannot make him a part of the unlawful assembly."

Moreover, Advocate Gupta also submitted before the Court that there is nothing for the Prosecution to prove that Sidhu had any role in instigating the crowd or that he had the mens rea to cause violence at the Red Fort.

"This is a settled law of unlawful assembly that mere presence of a person cannot make him a part of unlawful assembly. I was trying to pacify the crowd and help the police. I've given the interview also. Everything is with the police." Gupta submitted.

Arguing that it is the fundamental right of every person to participate in peaceful protest, Gupta had also submitted before the Court that he was trying to "pacify the crowd" and that there cannot be any question of instigation, criminal conspiracy or him being part of the unlawful assembly.

About the Case

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.