'Serious But Not Habitual Offenders': Delhi Court Grants Bail to 17 Protesters

A Delhi court has granted bail to 17 students and freelance journalists arrested during a protest against Chief Election Commissioner Gyanesh Kumar, observing that while the allegations against them were serious, they were young and did not appear to be habitual offenders. The bail orders were passed by Judicial Magistrate First Class Animesh Kumar at the Patiala House Courts. The accused had been arrested by Delhi Police in connection with the protest and were produced before the court in separate proceedings.

Police had sought judicial custody of the accused for two weeks, citing allegations of violence and disruption during the demonstration. The prosecution also referred to injuries allegedly suffered by a police officer during the incident. The court, while considering the bail pleas, noted that the allegations could not be treated lightly. It observed that the right to protest does not give anyone the freedom to assault or use criminal force against police personnel performing their duties.

The court considered the age and background of the accused and the nature of the offences invoked against them. It noted that the accused were young and that the alleged offences carried comparatively limited maximum punishments. The court ultimately decided that continued detention was not necessary at this stage and granted bail to the 17 accused. Each was directed to furnish a bail bond of ₹15,000 along with one surety of the same amount.

During the proceedings, two of the accused also raised allegations of custodial torture. The court directed the police to submit a report on the claims and ordered preservation of CCTV footage from the Parliament Street Police Station. The bail order does not determine the guilt or innocence of the accused. The criminal case will continue, and the allegations made by the police will be examined during the course of the proceedings.

The case comes against the backdrop of protests linked to the Special Intensive Revision of electoral rolls and criticism surrounding the Election Commission. The court's observations underline that while peaceful protest is a recognised democratic right, alleged violence or obstruction during such demonstrations can still attract criminal proceedings.

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