Delhi Court Denies Bail to 8 Arrested for Vandalism Outside CM Kejriwal’s House

The order stated that the right to assemble and protest is subject to restrictions, and not 'uncontrollable' right.

Scenes of violence unfolded outside Kejriwal's residence after BJP workers, led by Yuva Morcha president and Lok Sabha MP Tejasvi Surya, clashed with the police during a protest against the Delhi CM's remarks on the movie The Kashmir Files.

(Photo: Deeksha Malhotra/Altered by The Quint)

A Delhi court on Tuesday, 5 April, denied bail to eight Bharatiya Janata Yuva Morcha (BYJM) workers arrested in a case of vandalism outside the residence of Chief Minister Arvind Kejriwal that happened on 29 March, reported Bar and Bench.

Additional Sessions Judge Naveen Kumar Kashyap observed that the liberty of a person is not absolute if it causes damage to society and stated, “prima facie it is clear that their fundamental right to peacefully protest is exceeded by them knowingly/intentionally.”

The order stated that the right to assemble and protest is an individual’s fundamental right, however, “such right is subject to certain restrictions and not an uncontrolled one.”

The court noted, “…despite telling protesters and their leaders, including the present applications, they can protest at a particular place, they did not comply with the same.”

Moreover, the court added that according to the Delhi Police, the applicants did not pay heed to the directions issued by the High Court that no protest is allowed at the Chief Minister's house, and continued to do so.

The Background

The Delhi High Court on Friday, 1 April, asked for a report in a sealed cover regarding the violence that took place outside Delhi Chief Minister Arvind Kejriwal's official residence.

The bench comprising Acting Chief Justice Vipin Sanghi and Justice Navin Chawla remarked that it was evident that there were attempts to create fear, adding that the Delhi Police would be required to give its explanation regarding the incident.

Scenes of violence and vandalism had unfolded outside Kejriwal's official residence after BJP workers, led by Yuva Morcha president and Lok Sabha MP Tejasvi Surya, clashed with the police during a protest against Kejriwal's remarks on the movie The Kashmir Files.

Visuals from the ground captured Surya, along with a sea of people wielding BJP flags and placards, censuring Kejriwal's "insult" to Kashmiri Pandits, with the residence of the AAP leader heavily barricaded.

The AAP leader's house was defaced with red paint amidst the chaos.

Around 70 people were briefly detained by the police after the violence broke out. The police, later in the day, dispatched teams to arrest the persons booked in the case.

(With inputs from Bar and Bench.)