In a significant observation during the ongoing bail hearings in the 2023 Parliament security breach case, the Delhi High Court on Wednesday said that those involved cannot compare their actions with the sacrifices of freedom fighter Bhagat Singh. The court emphasised that the Parliament building is a symbol of national pride and not a venue for stunts or disruptions.
A division bench comprising Justices Subramonium Prasad and Harish Vaidyanathan Shankar was hearing the bail pleas of Neelam Azad and Mahesh Kumawat. The duo, along with four others, had allegedly breached Parliament security on December 13, the anniversary of the 2001 Parliament terror attack.
“Nobody can even play a prank in the Parliament building, which is the pride of the country,” the bench remarked. However, the court questioned the application of the stringent Unlawful Activities (Prevention) Act (UAPA) in the case, noting that while other penal laws could apply, the use of UAPA—with its harsher bail standards—required specific justification.
“We are not for a minute saying this was a protest. It was a disruption in a place where serious national work is conducted. But comparing it with Bhagat Singh’s actions is unacceptable,” the court stated, rejecting any romanticised notion of martyrdom for the accused.
The bench asked the Delhi Police to explain how the accused’s use of smoke canisters within and outside the Parliament fell under the UAPA’s definition of “terrorist activity.” The judges also questioned the logic of treating Holi or IPL-style smoke canisters as dangerous weapons, especially when they were not metal-based and had passed through security detectors.
Appearing for Delhi Police, Additional Solicitor General Chetan Sharma argued the act was premeditated and caused terror among MPs. He pointed to the symbolic importance of the date—December 13—and the newly constructed Parliament building as aggravating factors. The bench, however, asked Sharma to support his claims with precedent or case law and scheduled the next hearing for May 19.
On the day of the breach, Sagar Sharma and Manoranjan D reportedly leapt into the Lok Sabha chamber during Zero Hour, releasing yellow gas and raising slogans before being subdued by lawmakers. Simultaneously, Amol Shinde and Neelam Azad allegedly released coloured gas and shouted slogans outside the premises. All six accused—Azad, Sharma, Manoranjan D, Shinde, Kumawat, and Lalit Jha—are facing charges under UAPA.
The police have claimed the accused had prior knowledge of threats issued by designated terrorist Gurpatwant Singh Pannu and that the act was part of a planned terror disruption. The trial court had earlier denied bail to Azad, citing prima facie evidence supporting the allegations.
The High Court made it clear that while the accused’s conduct was not to be condoned, their liberty must not be curtailed unless the threshold for invoking UAPA was convincingly met.
