Delhi court granted bail to ten Kartavya Path protesters accused of raising pro-Hidma slogans while rejecting one bail plea over alleged Radical Students Union links  

A Delhi Court on Tuesday granted bail to ten protesters arrested in connection with a demonstration at Kartavya Path, where slogans were allegedly raised in support of slain Maoist commander Madvi Hidma.

The Court was hearing the bail pleas of twelve accused.

Judicial Magistrate Aridaman Singh Cheema granted bail to Ahan Arun Upadhyay, Sameer Faiyaz, Vishnu Tiwari, Satyam Yadav, Prakash Raj Gupta, Shreshth Mukund, Banka Akash, Aatreya Chaudhary, Tanya Shrivastav and Abhinash Satyapati on a bond of Rs 15,000 each.

The Court noted that all key digital evidence; including CCTV footage, video recordings of the protest and the accused persons’ mobile phones, has already been seized and is with the police, reducing the risk of tampering.

The Court observed that investigators had found “nothing” indicating the protesters’ membership in any radical organisation linked to Naxalites. It added that “no purpose shall be served by keeping the accused in judicial custody,” while imposing reasonable conditions to prevent absconding or interference with the probe.

However, the Court rejected the bail plea of K Sri Ilakkiya, citing ongoing investigation into the alleged involvement of members of the banned Radical Students Union (RSU). It held that granting bail at this stage could jeopardise the probe, as the accused may alert other unidentified RSU members.

The bail plea of another accused, Akshay E R, was adjourned to Wednesday due to pending arguments.

The case arises from a November 23 protest at India Gate over rising air pollution in Delhi. Police alleged that the protesters raised controversial slogans and used pepper spray on officers attempting to disperse the crowd. A total of 23 individuals were arrested in two FIRs registered at the Parliament Street and Kartavya Path police stations. Fifteen of the 17 accused in the Parliament Street case were later rearrested in the Kartavya Path case.

Earlier, nine accused had secured bail on November 28 and the remaining eight on December 2 in the Parliament Street FIR. 

Notably, on December 2, the Court had reserved the order in the bail pleas.

The Delhi Police had opposed bail and sought additional custodial interrogation, citing the need to probe alleged political slogans referencing slain Maoist commander Madvi Hidma, examine the protesters’ social media activity, and trace alleged funding sources. Police also claimed the students possessed expensive phones and noted that some had previously travelled to Hyderabad for a conference linked to the banned Radical Students’ Union.

Defence lawyers pushed back, stressing that the accused had varying degrees of involvement. One had no political background and did not know the others before the protest. Another, a meritorious student from a lower-middle-class family, posed no flight risk, they argued.

Addressing the accusation against a WhatsApp group admin, the counsel submitted that “there is no vicarious liability in criminal law,” and a group administrator cannot be held responsible for messages posted by others. Several lawyers emphasised that the protest was spontaneous and not coordinated by their clients, who were being held accountable for actions they did not commit.

The defence further questioned the police’s shifting stand on the pepper spray incident. “You can’t swim in two boats,” one lawyer said, highlighting alleged contradictions in the police responses. They also pointed out that the offences invoked carry maximum sentences below five years, triggering the safeguards under Arnesh Kumar that discourage unnecessary arrests.

In the parallel Parliament Street case, JMFC Sahil Monga granted bail earlier: nine accused were released on November 28, and the remaining eight secured bail on Tuesday.

Bench: Judicial Magistrate First Class Aridaman Singh Cheema

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