New Delhi [India], March 9 : A Patiala House Court on Monday reserved its order on the bail pleas of three Indian Youth Congress workers, namely Divyansh Girdhar, Bhudev Sharma and Kuber Meena, who are currently in judicial custody in connection with the AI Summit protest case.
Chief Judicial Magistrate (CJM) Mridul Gupta reserved the order on the bail pleas of the three accused after hearing submissions made by their counsel as well as the Delhi Police.
On March 6, Link Judicial Magistrate First Class (JMFC) Vanshika Mehta had deferred the bail hearing of three accused and listed the same before the concerned court on Monday.
The court earlier had issued notice on the bail application of Divyansh Girdhar, Bhudev Sharma, and Kuber Meena.
Duty Magistrate Charan Salwan had rejected the bail plea of Bhudev Sharma and Divyansh Girdhar on March 2.
On the other hand, the accused persons had sought bail in parity with 10 other accused persons. The court had dismissed the bail pleas.
"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," the Duty Magistrate had said while rejecting the bail pleas.
The court said that it is a settled principle of criminal jurisprudence that while the rule of parity is a relevant consideration in matters of bail, it is not to be applied mechanically or uniformly.
The court had also dealt with the submissions based on the right to protest.
The court held that the right to protest, subject to reasonable restrictions under Article 19(2) and Article 19(3) of the Constitution, is a cherished constitutional guarantee in a democratic polity.
"However, the exercise of such rights is not absolute and must be balanced against considerations of public order, security of the State, and other legitimate restrictions contemplated under the Constitution," the court had said.
The court noted that it is revealed from the record that the alleged protest took place during a National Event attended by foreign delegates and dignitaries.
"The nature, timing, and location of the protest are relevant factors at this stage of investigation, particularly in assessing issues of security, public order, and the larger ramifications of the alleged acts," Duty Magistrate Salwan said.