A Delhi court on Monday granted bail to actor-activist Deep Sidhu, arrested in connection with the violence and resultant damage at the Red Fort during the Republic Day farmers’ rally earlier this year.
Mr. Sidhu was arrested on February 9 in connection with an FIR registered on January 27 pertaining to the violence and alleged damage caused to the Red Fort. He was granted regular bail on April 16. However, before he could be released from prison, the police arrested him in connection with another FIR, which was registered on January 28 pertaining to the same incident.
Metropolitan magistrate Sahil Gupta said, “The need and timing of the arrest is highly questionable because despite knowing that the accused (Mr. Sidhu) has been lodged in JC (judicial custody) since February 09, 2021, he was arrested only on April 17, 2021, when he was granted regular bail.”
“This clearly suggests that it was an attempt to defeat the bail order dated April 16...and is a grave affront to personal liberty of the accused and runs foul of rights guaranteed under Article 21,” the court said.
“Such vicious and sinister action of investigative authorities amounts to playing fraud with established criminal process and shows scant regard to constitutional protections enshrined, protected and cherished under the Constitution on India,” the court remarked.
The judge also said the two FIRs had similar allegations. “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,” the court said.
Noting that Mr. Sidhu’s “further incarceration in the present case would bear no fruit and therefore would be unjustified”, the court granted bail but ordered him to join the investigation as and when called.
