On Monday, Delhi court granted bail to Deep Sidhu who was arrested in connection with the Red Fort violence on Republic Day.
Deep Sidhu was granted bail by the court in a case registered by the Archaeological Survey of India (ASI) alleging damage to public property during the farmers’ tractor parade violence on Republic Day at Red Fort.
The court observed while granting bail to Deep Sidhu, “Applicant’s further incarceration in the present case would bear no fruit and therefore would be unjustified, nor would the restoration of applicant’s liberty be detrimental to the investigation being conducted by the police authorities.”
The court further added, “The accused has already been interrogated in PC for 14 days and has been in custody for about 70 days when he has been granted regular bail by Ld. ASJ on similar facts. Any further restraint upon his liberty would be neither logical nor legal.”
On February 9, Deep Sidhu was arrested and was granted bail by a Delhi court on April 16 in the case. The Delhi Police’s Crime Branch had arrested Deep Sidhu again in connection with the case lodged by the ASI after a Delhi court granted bail to the actor-activist (first arrested on February 9) in connection with the Red Fort violence.
Sahil Gupta, the Reliever Metropolitan Magistrate granted bail to Sidhu in connection with the damage caused to the Red Fort monument during the farmers’ protest by observing that “the need and timing of the arrest is highly questionable”.
In total, there are two FIRs that have been registered against Sidhu in connection with the violence on Republic Day. In the matter related to the first FIR, he was granted bail by a Session’s Court and hours later he was arrested by the Crime Branch in connection with the second FIR.
The court said that despite knowing that the accused has been lodged in judicial custody since February 9, he was arrested only on April 17, when he was granted regular bail.
Seeking bail in the FIR, counsel for Sidhu has argued that both the FIRs contain identical offences, and since he was already on bail in the first FIR, he ought to be granted bail in the second FIR as well.
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Deep Sidhu also imputed malafides on the Police on account of his arrest within hours of getting bail in the first FIR. It was contended that the arrest was ex facie, arbitrary, mala fide.
The Prosecution highlighted that Sidhu had not moved the High Court for quashing of the second FIR and thus it was the investigating agency’s prerogative to investigate and arrest. It was further apprehended that if granted bail, Sidhu would tamper with evidence, and might help another accused who was absconding.
The Court stated that a prima facie reading of the two FIRs showed that the allegations levelled against Sidhu were similar. Opining that fresh investigation based on the second and successive FIRs are an abuse or process and impermissible, the Court observed,
“The sweeping power of investigation does not warrant subjecting a citizen each time to fresh investigation by the police in respect of the same incident, giving rise to one or more cognizable offences, consequent upon filing of successive FIR’s whether before or after filing the final report. Fresh investigation based on the second and successive FIR’s, not being a counter case, filed in connection with the same or connected cognizable offence alleged to have been committed in the course of same transaction and in respect of which pursuant to the first FIR either investigation is underway or fine report under section 173(2) has been forwarded to the magistrate, is an abuse or process and impermissible.”
Also Read: Republic Day violence: Deep Sidhu arrested by Delhi Police Special Cell at Karnal
On January 26, when a tractor-rally was planned, thousands of protesting farmers who had reached ITO in Delhi from the Ghazipur border clashed with the police. The violence was purportedly carried out by vested interests to malign the farmers’ movement. Police has claimed about the involvement of Deep Sidhu in its FIR registered in connection with the Red Fort violence, adding that many of them who were driving tractors reached the Red Fort and had entered the monument.
