The Delhi High Court on Thursday mentioned that if the use of a non-lethal smoke canister is a terrorist attack then every Holi and IPL match would draw charges under Unlawful Activities Prevention Act (UAPA).
Delhi HC Questions UAPA Use In 2023 Parliament Breach Case
The Delhi HC has asserted that the use of non-lethal smoke cannisters does not come under the four corners to attract a UAPA charge.
While hearing the bail plea of Neelam Azad, accused in 2023 parliament breach case, a division bench comprising of Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar observed that smoke canisters which are freely available in the market do not come under the four corners to attract the charge of UAPA.
The matter will further be heard on April 29 along with the bail plea of the co-accused Manoranjan D. The Delhi police, while resisting the bail plea, argued that the accused attempted to bring back the “haunted memories” of the 2001 parliament attack to the new building.
The court was hearing a matter on the parliament security breach on the anniversary of the parliament attack in 2001. During the incident in 2023, two people jumped into the chamber of the Lok Sabha while the zero hour of the parliament was in session. The accused had released a yellow gas into the chamber while chanting slogans. They were soon overpowered by some Members of Parliament.
Two other accused held during the attack were identified as Amol Shinde and Neelam Azad. They have been accused of spraying colour gas from outside the parliament while chanting “tanashahi nahi chalegi.”
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