'If Use of Smoke Canister is Terrorist Act, Holi, IPL Celebrations Would Attract UAPA': Delhi HC
The Wire Staff
New Delhi: The Delhi high court on Thursday (April 24) questioned how the use of non-lethal smoke canister can be termed as a “terrorist act” that warrants charges under the Unlawful Activities (Prevention) Act (UAPA).
The court said that if a non-lethal smoke canister that is freely available in the market can attract UAPA, then people who use such smoke canisters to celebrate festivals such as Holi or even during Indian Premier League (IPL) matches, would attract UAPA, reported Indian Express.
A bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar made the comments on Thursday while hearing the bail plea of Neelam Azad, an accused in the 2023 Parliament security breach case.
“(According to petitioner) having this canister doesn’t come within the four corners to attract UAPA… If that is so, then every Holi it will be UAPA… My brother (Justice Shankar) says every IPL match will be UAPA,” said Justice Prasad.
He asked the prosecution to “take instructions on this and address us….”
Azad’s counsel Balraj Singh Malik argued that the canisters used by Azad and the other accused in the case don’t fall under the category of explosives under UAPA.
The prosecution had earlier opposed Azad’s bail plea, saying that it was meant to bring back the “haunted memories” of the 2001 attack on the old parliament.
What started as a protest with smoke cans and slogans in Parliament on December 13, 2023 – anniversary of the 2001 attack on the parliament – has led to severe consequences, including charges under harsh laws like the UAPA, making it nearly impossible to secure bail.
The Wire is now on WhatsApp. Follow our channel for sharp analysis and opinions on the latest developments.
