If use of smoke canister is a terrorist act, every Holi & IPL match will also attract UAPA, says HC
The Delhi High Court on Thursday said that if the use of non-lethal smoke canister can be called a terrorist act, attracting charges under the Unlawful Activities (Prevention) Act (UAPA), then 'every Holi' and every 'IPL match' will also attract UAPA.
The court indicated that if a smoke canister, which was freely available in the market, would attract UAPA, then people would be committing this offence every Holi – using non-lethal smoke canisters to celebrate – and even Indian Premier League (IPL) matches will attract this provision.
A bench of Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar were on Thursday hearing the bail plea moved by Neelam Azad, an accused in the 2023 Parliament security breach case.
Justice Prasad told the prosecution, '(According to petitioner) having this canister doesn't come within the four corners to attract UAPA… If that is so, then every Holi it will be UAPA… My brother (Justice Shankar) says every IPL match will be UAPA.'
He asked the prosecution to 'take instructions on this and address us….'
Azad's counsel Balraj Singh Malik told the bench that the type of canister used by Azad and other accused in the security breach case does not constitute 'explosives' under UAPA. He added that such canisters are easily available and sold during festivities.
Earlier, the prosecution, opposing Azad's bail plea, had told HC that the accused wanted to bring back the 'haunted memories' of what had happened in the old Parliament — referring to the 2001 Parliament attack — to the 'majestic new Parliament building'.
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 the Indian Penal Code by the Delhi Police Special Cell.
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