"No Citizen Can Have Unfettered Liberty To Celebrate Republic Day As The Petitioner Did": Delhi Court Denies Bail To Man Who Carried Big Sword At Red Fort During Farmers Protest

A Delhi Court recently denied bail to one Preet Pal Singh, a 37 year old man, who was allegedly seen in the photographs and videos carrying a big sword and waving the same at the rampat of Red Fort on 26th January in connection with the violence that broke out in the National capital in the wake of farmer's protest tractor rally.

Denying the submission made by Singh arguing that he was in fact doing "Martial Arts" at the Red Fort with the big sword which is the right of every citizen to "celebrate in the way they want to", Additional Sessions Judge Charu Aggarwal ordered thus:

"The argument of Ld. Senior counsel that every citizen has right to celebrate republic day in his own way and it was the way of applicant to celebrate the republic day is prima-facie not convincing because no citizen can have unfettered liberty to celebrate the national event in the way the applicant is shown in the photographs is doing. Liberty, albeit is fundamental human dignity of every citizen but such liberty is regulated by law."

An FIR was registered against Singh under sec. 147, 148, 149, 152, 186, 269, 279, 353, 332, 307, 308, 395, 397, 427, 188, 120B and 34 IPC read with sec. 25, 27, 54 and 59 of Arms Act read with sec. 3 of Prevention of Damage to Public Property Act, 1984 and Sec. 30 of Ancient Monuments Preservation Act.

It was the case of the Prosecution that according to the photographs and videos placed on record, it was clearly shown that Singh carried and waved the sword at the Red Fort rampat thereby attacking the police personnel with the swords in his both hands. In view of this, APP Virender Singh vehemently opposed the grant of bail to Singh.

On the other hand, it was submitted by the Applicant that there was no specific role assigned to him in the alleged crime. It was also submitted that the best role the prosecution could assign in the case was regarding breaking of the barricades and in view of this, only the offence under sec. 186 of IPC can be attracted which is a bailable offence.

Moreover, it was argued that he was "neither the instigator, nor the agitator" and did not have any active role in the crime or violence which happened in the area of Red Fort.

Noting that the allegations against Singh were prima facie not convincing, the Court observed that no citizen can have an unfettered to celebrate the national event as is done by Singh. The Court also observed that Liberty, albeit is fundamental human dignity of every citizen but such liberty is regulated by law. 

The Court while denying the said bail application ordered thus:

"The allegations against the applicant are serious. His custodial interrogation is required to unearth certain facts. No ground for anticipatory bail is made out. The application is hereby dismissed."

Click Here To Read Order