While hearing the bail plea of Bhim Army Chief leader Chandrashekhar Azad, who was arrested by the Delhi police from the Jama Masjid area during anti-Citizenship Amendment Act (CAA) protest last year, Delhi's Tis Hazari Sessions Judge on Tuesday asked the state to produce FIRs registered against Bhim Army chief in Saharanpur and posted the matter of bail plea tomorrow.
Appearing for Azad, Advocate Mahmood Pracha pointed out that FIR mentions about charges against Azad in Saharanpur, Uttar Pradesh.
Court slammed the Delhi Police, saying, people can carry out peaceful protests anywhere. "Jama Masjid is not in Pakistan where we are not allowed to protest. Peaceful protests take place in Pakistan as well," the Judge said.
While the Judge asked about those charges, the Public Prosecutor (PP) pleaded for ignorance and told that he will find out. To this, the Judge expressed surprise at the fact that the PP was not aware of the charges.
Thereafter, the Prosecutor mentioned some posts by Azad on social media. When Pracha asked about the posts, Prosecutor denied sharing those posts with him. Following which, the Judge slammed the prosecutor, asking "What privilege you are claiming?"
After the Prosecutor read a post by Azad in which he mentioned about going to dharna in the Jama Masjid area. On this, Judge Kamini Lau asked the Prosecutor -- "What is wrong with dharna? What is wrong with protesting? It is an individual's constitutional right to protest peacefully."
"You are behaving as if Jama Masjid is Pakistan. Even if it was Pakistan, you can go there and protest. Pakistan was a part of undivided India. None of the posts by Azad were unconstitutional," the judge said.
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When the Prosecutor said that permission is a must for any protest, the judge asked "What permission?"
"The apex court has said repeated use of 144 is abuse (referring to recent Kashmir case decision). Many people protest even outside parliament," she said.
She also asked the Prosecutor that in which law prohibits a person from protesting in front of any religious place?
Stressing on the legalities in the case, Lau asked for details of the investigation.
Prosecutor said that 'drone footages' of the alleged inflammatory speeches made by Azad are there. Pracha replied that Azad was only reading Constitution and talking about the Citizenship Act and National register of Citizens.
The Tis Hazari Judge listed the matter for hearing at 2 pm on Wednesday so that Prosecutor can produce all FIRs registered against him in Saharanpur.
Azad was arrested by the Delhi police from the Jama Masjid area during anti-Citizenship Amendment Act (CAA) protest last year.Hence, a Delhi court on Thursday ordered Tihar Jail authorities to immediately take Azad to AIIMS for medical treatment.