Delhi High Court said the accused in the 2023 Parliament breach cannot compare themselves to martyr Bhagat Singh. The Court also questioned the use of the strict UAPA law in the case.
New Delhi: On May 7 – The Delhi High Court has made important remarks about the 2023 Parliament security breach case, saying that the Indian Parliament is a symbol of national pride and no one can take it lightly or play pranks inside such an important institution.
At the same time, the Court raised concerns about whether the accused in the case should be charged under the strict anti-terror law, the Unlawful Activities (Prevention) Act (UAPA), which has more serious implications and makes it harder to get bail.
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A division bench comprising Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar heard the matter on Wednesday.
During the hearing, the judges said clearly,
“Nobody can even play a prank or do something like… in the Parliament building which is of course the pride of the country. Nobody is saying anything about that.”
This means the Court agrees that any kind of joke or mischief in Parliament cannot be allowed because it is a place of utmost respect and national importance.
However, the main issue the Court pointed out was whether the actions of the accused actually justify being charged under the UAPA. The judges expressed their doubts and asked the Delhi Police to clarify why they chose to apply such a strict law in this case.
The bench said,
“But the question is whether an offence under UAPA, which has stricter bail considerations, made out? There can be other Acts under which you can proceed. No problem in that. The issue is whether offence under UAPA is made out.”
The judges also made a strong observation regarding the claim made by some of the accused, who reportedly compared themselves to Indian freedom fighter Bhagat Singh.
The Court did not agree with this comparison at all, strongly stating that those who carried out the Parliament breach cannot place themselves on the same level as martyrs like Bhagat Singh, who gave their lives for the nation.
This case comes from the incident in December 2023, when a few individuals entered the Parliament premises and created a major security issue.
They were later arrested, and the police booked them under the UAPA. This law is generally used for serious terrorism-related cases, and once it is applied, it becomes very difficult for the accused to get bail.
Now, with the High Court questioning the use of such a strong law, the case has taken a new turn. The Delhi Police have been asked to explain their decision, and further legal arguments will help decide whether the charges under UAPA are justified or not.
In summary, the Delhi High Court has made two things clear: respect for the Parliament must be maintained at all costs, and while the breach is a serious issue, it must be legally examined whether it truly fits under the Unlawful Activities (Prevention) Act.
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