Delhi riots: Right to protest cannot extend to disturbing public order says court
New Delhi, May 09: A Delhi court has rejected the bail plea filed by Sharukh Pathan, an accused in the north-east Delhi riots.
The court observed that the fundamental right to protest cannot extend to disturbing public order. Additional Sessions judge, Sanjeev Kumar Malhotra referred to a viral image which showed the accused pointing a pistol at the police. This court is not inclined to grant bail at this stage, the court also said.
The right to protest is a fundamental right in a democracy. But this right of peaceful protest and open criticism of the government policies does not extend to disturb public order the court also observed.
In the present case, the video footage of the applicant while pointing out a pistol upon police officials went viral. Keeping in view the totality of the facts and circumstances of the case at this stage, I am not inclined to grant bail, the judge also said.
In his plea, Pathan contended that the incident happened in the spur of the moment. He also said that he had no past criminal record. Further the plea also pointed out that there was an unexplainable delay in registering the FIR. He also pointed out that the chargesheet had already been filed.