You are behaving as if Jama Masjid was Pakistan, court raps Delhi police during Azad's bail hearing

A city court on Tuesday pulled up the Delhi police during the bail hearing of Bhim Army chief Chandrashekhar Azad arrested during a recent anti-CAA rally in old Delhi, saying he has a constitutional right to protest and that the police was behaving as if Jama Masjid was Pakistan.

"Have you read the Constitution?" Additional Sessions Judge Kamini Lau asked Prosecutor Pankaj Bhatia, adding that people are out on streets as what should have been said inside Parliament was "not said". Bhatia is appearing for the police.

Azad has been accused of inciting people during an anti-CAA protest at Jama Masjid on December 20. The bail plea claimed there was no evidence against the allegations made against Azad in the FIR and his arrest was illegal.

During the hearing, Bhatia, the Additional Public Prosecutor, alleged that Azad had given inflammatory speeches at the premises of Jama Masjid, one of the largest mosques in the country, and inciting the gathering to carry out violent protests in the area against the amended Citizenship Act.

"Inside Parliament, things which should have been said were not said and that is why people are out on the streets. We have full right to express our views but we cannot destroy our country. We cannot disintegrate it," the judge said.

When the judge asked what evidence the police had to prove the allegations against Azad, the counsel referred to social media posts of the Bhim Army Chief wherein he calls people to come to Jama Masjid and sit in 'dharna' (protest).

To this, the judge asked, "What is the problem with going to Jama Masjid? What is wrong with 'dharna'? It is one's constitutional right to protest. Where is the violence? What is wrong with any of these posts? Have you read the Constitution?"
"I have seen many people and many such cases, where protests happened even outside Parliament. Many of them are chief ministers now. Azad is a budding politician, what is wrong with his protests?"
"Give me details of the last three FIRs registered against Azad. Also show is there any prohibition on such gathering. Show any law that prohibits this kind of gathering."