New Delhi, May 19 (IANS) The Delhi High Court has upheld charges, including attempt to murder, against several persons accused of throwing a burning effigy onto the rooftop of a security room at the official bungalow of J.P. Nadda — now the Union Health Minister and then BJP president — during a protest in 2022.

A single-judge Bench of Justice Girish Kathpalia, while dismissing a revision petition filed by nine protesters against the Agniveer scheme, observed that violence in the name of protest could not be legitimised in a democracy. “One of the disconcerting issues raised in the present case is as to what should be the inherent nature and extent of ‘protest’,” the Delhi High Court observed.

“Such acts of shoot and scoot do not constitute protest. It is indeed a matter of serious concern that a section of society today thrives on such disruptive activities in the name of protest,” Justice Kathpalia added.

As per the FIR, the incident took place on June 21, 2022, outside the official bungalow of J.P. Nadda at Motilal Nehru Marg.

The prosecution alleged that the accused persons gathered outside the bungalow, raised slogans, and burnt an effigy of the political leader on the main road. Thereafter, they allegedly carried the burning effigy using wooden sticks, crossed the road and footpath, and threw the burning portions onto the gate and rooftop of the security room of the bungalow before fleeing the spot.

The entire incident was captured on CCTV cameras installed at the site, and the footage formed part of the chargesheet.

The petitioners had challenged the trial court’s order refusing to discharge them from offences, including under Sections 307, 436, 147, 149 and 188 of the Indian Penal Code (IPC).

During the hearing, advocate Vimal Tyagi, appearing for the petitioners, argued that no injury had been caused to anyone and there was no intention to kill, therefore no offence under Section 307 IPC (attempt to murder) was made out.

It was further contended that no explosive substance had been used and that, at best, the allegations would attract Section 285 IPC dealing with negligent conduct involving fire.

Opposing the plea, the prosecution relied on eyewitness statements as well as CCTV footage to contend that the accused persons intended to endanger the lives of security personnel stationed inside the bungalow. After examining the CCTV footage, the Delhi High Court rejected the contention that the incident was merely a protest.

“If it was a simple protest outside the house of that prominent person, it remains unexplained as to why the petitioners would, after burning the effigy, go across to the other end, after crossing the wide footpath followed by the wide service road and then throw the burning effigy across the gate and rooftop of the security room of the bungalow,” Justice Kathpalia observed.

The judge added that merely because no one suffered injuries did not mean that the offence of attempt to murder was not attracted.

“To say the least, the petitioners cannot deny knowledge that their act of throwing the burning effigy across the gate where security men were standing and on the rooftop of the security room was so imminently dangerous that it must, in all probability, have caused death, though for the good fortune of those security men, they escaped unhurt,” the Delhi High Court said.

Rejecting the argument relating to Section 436 IPC, Justice Kathpalia clarified that the provision covered mischief committed not only through explosive substances but also by fire. The Delhi High Court further held that Section 285 IPC dealing with negligent conduct was not applicable since the allegations reflected an intentional act and not negligence.

“It is nobody’s case that the petitioners negligently threw the burning effigy… What the petitioners did was not a negligent act; it was clearly an intentional act,” the order said.

Finding no infirmity in the trial court’s order, the Delhi High Court dismissed the petition, terming it “completely frivolous”, and imposed a cost of Rs 25,000 on the petitioners to be deposited with the Bharat Ke Veer fund within one week.

–IANS

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