The bail petition of 15 accused in Darya Ganj violence case will be heard at 4 pm today after medical reports, footages, and evidence in the matter are submitted before a Delhi court.
The Delhi Police had arrested 15 people and detained 40 on December 20 last year after police and protestors clashed in the area over the Citizenship (Amendment) Act. All the 15 accused were then sent to judicial custody.
Advocate Rebecca John, appearing on the behalf of the accused, told the court that Section 436 (Mischief by fire or explosive substance with intent to destroy house) of the Indian Penal Code (IPC) should not be imposed in the case.
"The allegations in the FIR only make out a case under Section 435 (Mischief by fire or explosive substance with intent to cause damage to the amount of one hundred or (in case of agricultural produce) ten rupees), which is a bailable offense," she said.
Additional Public Prosecutor (APP), however, opposed the bail petition and called the incident a criminal conspiracy.
Judge Kamini Lau retorted and said that it cannot be called criminal but civil at best. "The people were walking from Seelampur and as they moved on others kept joining. That is how protests are. And everyone has a right to protest," Kamini said.
She added, "We as courts sitting here to safeguard the rights. I am worried about the vandalism. How can anyone damage public property and block roads? It is condemnable."
Yesterday, Tis Hazari Additional Sessions Judge Satish Kumar transferred the bail plea matter to District Judge (Central) as the violence case was transferred to the crime branch.
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