[Red Fort Violence Case] Delhi Court grants interim protection from arrest to Jugraj Singh accused of hoisting religious flag at restricted & protected area of Red Fort

Delhi Court on Wednesday granted interim protection from arrest to Jugraj Singh, accused in Red Fort violence case for allegedly climbing one of the flagpoles on Rampart at Red Fort, a restricted area of the protected site and hoisting Nishan Sahib flag.

Additional Sessions Judge (Special Judge, NDPS) Neelofer Abida Perveen, Tis Hazari Court while granting interim protection relied on the Apex Court judgement in RE: Contagion Of Covid Virus In Prisons delivered on May 7, 2021 to observe that the directives were rendered applicable to all cases involving such offences punishment prescribed for which is upto seven years.

“Offence u/s 30 of the Ancient Monuments and Archeological Sites and Remains Act, 1958, is made punishable with imprisonment upto two years, offence u/s 353 IPC is punishable with imprisonment upto two years and u/s 188 IPC, maximum prescribed is upto six months of imprisonment,” Court said.

To this the Court also added, “That the investigating agency has chosen to announce reward for his arrest does not in any manner affect the gravity of the nature of accusations per se, and hence based upon the nature of accusations and the material available against the accused - applicant till date, the accused-applicant would be entitled to the protection of the above directives reaffirmed by H’ble the Supreme Court of India recently in the matter of Sou Motu Writ Petition (C ) No. 1/2020, IN RE CONTAGION OF COVID 19 VIRUS IN PRISONS, on 7.5.2021, and accordingly interim protection is being granted to accused Jugraj Singh at this stage till the next date of hearing.”

Protection has been granted subject to Singh joining investigation in the FIR’s registered against him as and when called upon to do so by the respective IO’s. Directions have also been issued to the IO to intimate the dates on which Singh’s presence shall be required besides the ones mentioned in the order by written notice affording Singh a reasonable opportunity to travel from hometown to Delhi in the prevailing pandemic situation of restricted movements and lockdowns announced by respective State Governments.

The Court took note of the fact that IR No 96, 2021 also pertained to commission of offences u/s 307/308 IPC besides provisions of the Arms Act, however, it was not alleged against the accused-applicant that he had caused any injury to the policemen on duty or had assaulted the policemen on duty though he was seen resisting police men from preventing him and other members of the unlawful assembly from entering the Well of the Red Fort.

The matter would now come up for report and further consideration on July 20, 2021.

Case Title: State v. Jugraj Singh