Court Stands Firm: Violence During Protests Cannot Be Justified Ever
Delhi HC rejects discharge for Agniveer protesters; violence during dissent is unacceptable.
The Delhi High Court has refused to discharge nine protesters accused in a 2022 demonstration outside the residence of J.P. Nadda, observing that violence committed during protests cannot be justified even if no injuries were ultimately caused. The court declined to drop charges of attempted murder against the accused, stating that the absence of physical harm alone was insufficient to negate the seriousness of the alleged offense.
The case relates to a protest held in June 2022 outside Nadda’s official residence at Motilal Nehru Marg in New Delhi during demonstrations against the Centre’s Agniveer recruitment scheme. At the time, Nadda was serving as the national president of the Bharatiya Janata Party. According to investigators, the protesters, who were students pursuing professional courses, allegedly assembled outside the residence and burnt effigies as part of their agitation against the scheme.
Following the protest, an FIR was registered at Tughlak Road police station under several sections of the Indian Penal Code, including charges related to attempt to murder, rioting, unlawful assembly, criminal conspiracy, and mischief by fire or explosive substances. The accused later approached the court seeking discharge from the more serious charges, arguing that no one had suffered injuries during the protest and therefore the offense of attempt to murder was not attracted in the case.
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However, the High Court rejected the argument and held that acts involving dangerous conduct or fire in a sensitive and high-security area could not be viewed lightly merely because no casualties occurred. The court reportedly emphasized that the intention and circumstances surrounding the incident must also be examined while considering criminal liability. It observed that public protests cannot cross into violent acts that endanger lives, property, or public safety under the guise of democratic dissent.
The Agniveer scheme, introduced by the central government in 2022, had triggered widespread protests across several states, with many aspirants expressing concerns over the short-term military recruitment model and future employment security. Demonstrations in multiple regions occasionally turned violent, leading to clashes with police, damage to public property, and legal action against protesters. The Delhi protest outside Nadda’s residence formed part of the broader nationwide agitation witnessed during that period.
The High Court’s observations are likely to be viewed as a significant message regarding the limits of protest and accountability under criminal law. Legal experts note that courts generally distinguish between peaceful democratic demonstrations and actions involving alleged violence or public danger. With the charges remaining in place, the trial proceedings against the nine accused protesters are expected to continue before the appropriate lower court in Delhi.
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