Kriti Agrawal
Deep Sidhu, a Punjabi actor and activist, told Delhi court via his lawyers that his arrest after being granted bail violates constitutional principles.
Abhishek Gupta, Sidhu’s advocate, presented the case to a Reliever Metropolitan Magistrate, who placed the order on hold until Monday.
Sidhu has been in custody for more than 75 days, according to Gupta, and each day in custody is a “grave affront” to his rights under Article 21 of the Indian Constitution.
Gupta told the court that the charges in both FIRs are the same, that bail should be granted in both, and that “within a few hours of getting bail in the first FIR, I was arrested in a mala fide manner for the second FIR.”
Gupta told the court that, “Sidhu has been arrested for over 75 days. The registration of the second FIR is a misuse of process since both FIRs are related to the same incident. The damage to Red Fort was the same as that mentioned in the first FIR (in which Sidhu was granted bail). The terms of the Prevention of Insults to National Honor Act of 1971 are the only additions… Why did they arrest me so soon after I was released on bail? It goes against constitutional principles and the rule of law.
Gupta told the court, “This is a fraud on the process. They are making the same claims that the ASJ previously dealt with (Additional Sessions Judge). The arrest seems to be arbitrary and invalid.”
Additional Public Prosecutor Rajiv Kamboj, who represented the state in court said, “The timing might be questionable, but there is no answer as to why they did not approach the High Court for quashing the second FIR,”
Kamboj told the court, “Both offenses took place at various times. “Just because they happened at the same time doesn’t mean we can’t file another FIR,”
“The Red Fort is a historic site. They defaced and obliterated the landscape. He (Sidhu) was seen playing an active role in the videos. “Bail should not be issued because this is a serious case,” Kamboj told the judge.
Kamboj told the court, “Red Fort is an ancient monument. They defaced and destroyed. As per the videos, he (Sidhu) played an active role. Since the case is a sensitive one, bail should not be granted.”
A Delhi court had previously granted Sidhu bail in connection with the violence at Red Fort on Republic Day, stating that the prosecution had tried to make an example of him because of his popularity, but that this “risks a failure of justice” and that his continued detention was a violation of his right to life and liberty.
Sidhu was arrested by the Delhi Police’s Crime Branch hours later on charges of causing damage to the monument.