Why UAPA, not any other law, when normal smoke canisters used? asks Delhi HC in Parliament security breach case

Indian Express

07-05-2025

In a bail plea by the 2023 Parliament security breach accused Neelam Azad, the Delhi High Court on Wednesday inquired from the prosecution if the accused could have been booked under other legislations, instead of the Unlawful Activities (Prevention) Act.
The oral remark came after a division bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar observed from the forensic lab report findings that the smoke canisters used by the accused in the Parliament were not noxious.
At the last hearing, the court had inquired from the prosecution if the use of non-lethal smoke canisters, as was used by the accused, would be in the ambit of the stringent UAPA.
Justice Prasad, addressing the Delhi Police, represented by Additional Solicitor General (ASG) Chetan Sharma, said, 'See, it's very clear that these smoke canisters don't have any metal inside them, that's why they passed through the metal detectors…so it is normally what we use in Holi or IPL …neither (are the smoke canisters used by the accused) the noxious (ones) available on (ecommerce website) Amazon..we are not for a minute saying that what they (accused) did was correct…this is not a form of protest, you are actually disrupting a place where serious work happens, laws for the country is made, you can't eulogise yourself as martyrs like Bhagat Singh.'
Justice Prasad went on to remark, 'The question as to whether having these smoke canisters inside and outside the Parliament would attract UAPA at all? Would it come within the definition of Section 18 (of at all otherwise their liberty cannot be curtailed, the trial can go on).'
Justice Prasad also mulled, 'Nobody can play a prank or protest in a Parliament building, which is supposedly the pride of the country…But the question is chargesheet filed under UAPA…there could be other Acts under which you can proceed, which is no problem…but the issue is, if offence under UAPA is made out?'
The court has now kept the matter next for consideration on May 19.
The security breach took place on the anniversary of the 2001 Parliament terror attack, when the accused allegedly launched coordinated gas attacks, both inside and outside Parliament, during the Zero Hour on December 13, 2023.
While two of the accused jumped into the Lok Sabha chamber from the public gallery and opened smoke canisters that released yellow gas, outside the Parliament premises, two others — Amol Shinde and Neelam Azad — sprayed coloured gases from canisters while shouting 'tanashahi nahi chalegi (dictatorship won't be allowed)'.
The six accused were later arrested under UAPA and sections of the Indian Penal Code by the Delhi Police Special Cell.