New Delhi, March 11: The Patiala House Court on Wednesday granted bail to Divyansh Girdhar, Bhudev Sharma, and Kuber Meena, three workers of the Indian Youth Congress (IYC) who were arrested in connection with the AI Summit protest. Judicial Magistrate First Class (JMFC) granted the bail on a bond of Rs 25,000 and a surety bond of the same amount, with certain conditions imposed on the accused.
The bail hearing had been postponed previously. On March 6, Link Judicial Magistrate First Class Vanshika Mehta had deferred the hearing of the three accused, scheduling it for Monday before the concerned court. Earlier, a notice had been issued on the bail applications of the trio, and the Duty Magistrate, Charan Salwan, had rejected the bail pleas of Girdhar and Sharma on March 2.
The accused had sought bail in parity with 10 other individuals who had been granted bail, but the court had dismissed their requests. "In my considered view, the present application for remand and the prayer for bail stand on a distinctly different footing from that of the co-accused already granted bail," Magistrate Salwan had said, rejecting the pleas.
While rejecting the bail, the court emphasized that although the principle of parity is a relevant consideration in bail matters, it cannot be applied mechanically or uniformly. The court also considered arguments surrounding the right to protest. It affirmed that the right to protest is a fundamental constitutional guarantee under Article 19(1)(a) of the Constitution, subject to reasonable restrictions under Articles 19(2) and 19(3), particularly in the interests of public order and national security.
However, the court noted that this right is not absolute and must be balanced against national security concerns and the larger implications of the protest. The court also pointed out that the protest occurred during a National Event attended by foreign dignitaries, making the timing, location, and nature of the protest crucial factors in assessing its impact on public order and security.
The case highlights the ongoing legal balance between constitutional rights and maintaining order during significant national events.
