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.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Time of India
42 minutes ago
- Time of India
'15 hotel fire: HC orders BMC to pay 50L each to kin of 8 victims
Mumbai: Nearly a decade after a fire at Hotel City Kinara, Kurla West, claimed 8 lives, Bombay HC Tuesday ordered BMC to pay 50 lakh each compensation to their families, nailing it for gross negligence in discharge of its duties. Justices Burgess Colabawalla and Firdosh Pooniwalla said Kinara was granted an eating housing license without it obtaining any fire NOC from the fire brigade. "This, in our view, was one of the most egregious breaches committed not only by the owner... but also by BMC," they said, adding it was even more shocking that even after BMC became aware of the lack of fire NOC, did not take any action in that regard. They said BMC officials' deliberate inaction and negligence in fulfilling their duties led to loss of lives at Kinara. On Oct 16, 2015 the fire broke out around 1.20pm in the mezzanine. Among the dead were seven students, between 18 and 20years, of Don Bosco Institute of Technology and the eighth, a civil engineer (32). The court heard a 2018 petition by the victims' parents and wife to quash the Lokayukta's Feb 27, 2017 order which dismissed their complaint seeking investigation noting that Rs 1 lakh each compensation is disbursed. The HC quashed the Lokayukta's order. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Giao dịch vàng CFDs với sàn môi giới tin cậy IC Markets Tìm hiểu thêm Undo The judges also said all the victims "had a full working life ahead of them". HC said by initially granting eating house license to Kinara without a FIR NOC and thereafter not taking action when it was discovered that Kinara was operating without a fire NOC, BMC committed gross negligence and acted totally in breach of its statutory duties. Justices Burgess Colabawala and Firdosh Pooniwalla said had BMC "promptly discharged its statutory duties by acting upon the fire safety violations and cancelled Kinara's licence, seized the LPG cylinders and prohibited the use of loft area/mezzanine floor for serving patrons, "the fire would definitely not have occurred. " "The loss of life of the petitioners' children/husband, has resulted in violation of their fundamental right to life under Article 21 of the Constitution of India. Further, as far as the petitioners are concerned, the loss of life of their children/husband has caused immense trauma and agony to the petitioners," said the judges in the verdict. The judges noted in three routine inspections—in Sept 2012, March 2013 and Sept 2015 —BMC found that Kinara was infringing various conditions of its licence. There was no letter from the chief fire officer granting permission to run it. It was using space outside the licensed premises to prepare Chinese food. The mezzanine floor was used for service instead of storage. One Martin Mathews' complaint to Vinoba Bhave police regarding storage of illegal LPG cylinders was forwarded to BMC but assistant commissioner of L ward "did not take the complaint seriously". In response to an RTI query, the fire brigade informed activist Nicholas Almeida that Kinara had no fire NOC. Advocate Godfrey Pimenta learnt from HPCL Kinara was not a registered customer of Laxmi Gas Agency. The judges agreed with senior advocate Naushad Engineer and advocate Jayesh Mistry for the petitioners that a higher standard of care was imposed on BMC to ensure public safety. They disagreed with advocate Anil Sakhare for BMC that there was no proximate cause link to acts of omission and/or commission of municipal officers and the fire and fatalities. The judges set aside the Lokayukta's order saying it failed to consider the Rs 1 lakh compensation each paid by the state govt to the families was only ad-hoc compensation. The judges said all victims "had a full working life ahead of them". Since the students were studying engineering (IT) or mass media and Arvind Kanaujia was employed at Sterling Engineering Consultants, "it would be safe to presume that, during their whole working life, they would earn a good salary". The judges said compensation of at least Rs 30 lakh each would be payable. Considering inflation and interest over 10 years, the compensation payable, in 2025, would be Rs 50 lakh. They directed BMC to pay each petitioner within 12 weeks failing which it "shall carry interest at rate of 9 % per annum...".
Time of India
an hour ago
- Time of India
Fresh caste census aimed at diverting attention from stadium stampede deaths: BJP
Bengaluru: BJP, the principal opposition party, has criticised the Congress high command's directive to chief minister Siddaramaiah to commission a re-enumeration of the socio-economic and education survey (or the caste census), calling it "a desperate bid to divert public attention from the stampede during Royal Challengers Bangalore's IPL victory celebrations which claimed the lives of 11 people. The diktat comes two days ahead of Thursday's special cabinet meeting which Siddaramaiah had called for "final deliberations" on the contentious report. Interestingly, the decision was taken at a meeting in New Delhi where the CM and his deputy, DK Shivakumar, explained the cause of the stampede and action taken by the govt in the aftermath. Tuesday's diktat has obviously triggered a fresh slugfest, with the opposition seeing the move as a lame excuse to escape political accountability for the stampede. But governing Congress has countered BJP by accusing it of being "anti-social justice". BY Vijayendra, BJP state president, ridiculed the directive. "BJP has all along said the caste census was unscientific and we demanded a fresh survey, but the govt paid no heed to our demand," he said. "Now, Congress has suddenly decided on a fresh survey. Make no mistake, it is a cheap tactic to divert public attention from the stampede and save the govt from political accountability." by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Pinga-Pinga e HBP? Tome isso 1x ao dia se tem mais de 40 anos Portal Saúde do Homem Clique aqui Undo He said Siddaramaiah, during his previous stint as CM, had commissioned the survey and the govt spent Rs 160 crore on it. Now, much of taxpayers' money "has gone down the drain with the governing party itself realising flaws". But Congress functionaries rubbished BJP's accusations, insisting that the govt will explore the possibility of using data from the existing report and updating it with the latest figures. "It is our leader Rahul Gandhi's vision to ensure social justice by conducting a caste census," said Eshwar Khandre, minister for forest, ecology, and environment. "There were some concerns from some communities about the projected population figures with the data being 10 years old. It is an opportunity for us to update it. The modalities will be discussed at a cabinet meeting, and the CM will decide on scheduling the survey. " A fresh survey, though, will throw up new challenges since more communities, including Brahmins, Kodavas, and several OBC castes, have joined the chorus of dissent. The report is said to have even recommended a higher quantum of reservation for Muslims — from 4% to 8%. "The decision to conduct the survey afresh was taken with the interests of underprivileged classes in mind, and not to divert attention from the stampede," said higher education minister MC Sudhakar, who is also the govt's spokesperson. "BJP is making false allegations." Siddaramaiah had previously made several attempts to get his cabinet to discuss the report. He had asked his ministers to give their opinion at a special cabinet meeting on April 17. But that meeting was inconclusive with ministers seeking more time. Authorities say almost all ministers have now sent their inputs and that there is no dissent over conducting a new survey.
Hindustan Times
an hour ago
- Hindustan Times
No compromise on women's dignity: SC tells lawyer who abused judge
The judiciary cannot compromise when it comes to the safety and dignity of women judges, the Supreme Court said on Tuesday, refusing to interfere with the conviction and 18-month jail sentence of a Delhi-based lawyer who verbally abused and threatened a woman judicial officer in court. 'There can be no leniency in ensuring a safe workplace for women judges…Most of the judicial officers in Delhi today are women. They must feel safe at their place of work,' a bench of justices Prashant Kumar Mishra and Manmohan emphasised. Rejecting an appeal by advocate Sanjay Rathore, the bench added: 'They (women judges) won't be able to function if someone like him gets High Court is right.' The top court's decision comes weeks after the Delhi High Court delivered a scathing verdict, describing Rathore's conduct as 'an assault on justice itself' . The trial court had originally sentenced Rathore to a total of two years' imprisonment for using gendered abuse against a woman magistrate in 2015, but the high court reduced the term to 18 months. Rathore had already undergone six months in jail by the time his appeal was heard in the Supreme Court. His lawyer argued that the incident was a 'spur-of-the-moment' outburst and that further incarceration would be harsh. But the top court remained unmoved. 'Your sentence has already been reduced to 18 months. We can't bring it down. Your matter was duly dealt with by the high court and a strong judgment was issued. We have to ensure the safety of women judicial officers,' the bench said during the hearing. The court also took note of the testimony given under oath by the woman magistrate, who corroborated the charges. 'Look at the kind of language you have used. How will judges work if we entertain your petition?' the bench asked. In its brief order, the Supreme Court dismissed the appeal and granted Rathore two weeks to surrender. The case dates back to October 2015, when Rathore, aggrieved by an adjournment in his case that was passed in his absence, verbally abused a woman magistrate in Karkardooma court, including using gender-specific slurs. The incident prompted the judicial officer to lodge an FIR at Farsh Bazar police station. In 2023, a trial court found Rathore guilty under multiple sections of the Indian Penal Code -- 509 (word, gesture or act intended to insult the modesty of a woman), 189 (threat of injury to a public servant), and 353 (assault or criminal force to deter public servant from discharge of duty) -- and sentenced him to two years in jail. The high court, while upholding the conviction in May 2025, modified the sentence to 18 months. In her May 26 judgment, Justice Swarana Kanta Sharma of the high court minced no words in rejecting Rathore's plea for leniency. She observed that 'the act of outraging the modesty of a judicial officer while she was presiding over court proceedings… attacks the very foundation of judicial decorum and institutional integrity.' Justice Sharma emphasised that Rathore, being an officer of the court, was expected to uphold its dignity, not undermine it. 'This is not merely a case of individual misbehaviour, but a case where injustice was done to justice itself where a judge… became the target of personal attack while discharging her official duties.' The judgment went on to highlight the larger systemic issue: 'Any act that seeks to threaten or intimidate a judge, especially through gender-specific abuse, is an assault on justice itself and must be met with firm accountability. To trivialise such conduct under the garb of emotional outburst or momentary lapse is to reflect a patriarchal mindset — one that struggles to respect women in authority and seeks to normalise the unacceptable. This cannot be permitted. Not in law. Not in court.' Calling the woman magistrate's experience a reflection of 'a mindset where even women in empowered roles are not seen as immune from humiliation or indignity,' the high court warned that no judicial officer, especially women at the district level who form the 'backbone of our justice delivery system,' should ever feel unsupported or unsafe. 'If a woman holding judicial office is made to feel that her authority is conditional on the civility or restraint of others, the very foundation of judicial independence would get shaken,' Justice Sharma wrote.
