'Shoot And Scoot Acts Not Protest': Delhi High Court Refuses To Discharge Men Accused Of Throwing Burning Effigy At Politician's Bungalow
The Delhi High Court has recently observed that violence in the guise of protest “cannot be acceptable to any tenet of demosprudence” while refusing to discharge several persons accused of throwing a burning effigy at the official bungalow of a prominent political leader in 2022.Justice Girish Kathpalia said that “shoot and scoot” acts carried out after setting an effigy on fire...
The Delhi High Court has recently observed that violence in the guise of protest “cannot be acceptable to any tenet of demosprudence” while refusing to discharge several persons accused of throwing a burning effigy at the official bungalow of a prominent political leader in 2022.
Justice Girish Kathpalia said that “shoot and scoot” acts carried out after setting an effigy on fire and hurling it towards a guarded residence could not be termed as democratic protest.
“To reiterate, protests do form a significant part of a democracy. But violence in the name of protest cannot be acceptable to any tenet of demosprudence. Such acts of shoot and scoot do not constitute protest. It is indeed a matter of serious concern that a section of society today thrives on such disruptive activities in the name of protest,” the Court said.
Justice Kathpalia was dealing with a revision plea filed by the accused challenging a trial court order refusing to discharge them from offences including attempt to murder under Section 307 and mischief by fire under Section 436 of IPC.
As per the FIR, the accused allegedly gathered outside a bungalow at Motilal Nehru Marg on June 21, 2022, raised slogans, burnt an effigy on the road and then carried the burning effigy using sticks before throwing it onto the gate and rooftop of the security room of the bungalow.
The prosecution relied on eyewitness accounts as well as CCTV footage forming part of the chargesheet.
Rejecting the contention that the incident amounted to a mere protest, the Court noted that the accused persons had crossed the main road, a broad footpath and a service road before throwing the burning effigy toward the security room.
The Court said the CCTV footage “completely demolishes” the argument that the act was only symbolic protest.
It held that absence of injuries would not negate a charge of attempt to murder if the act was imminently dangerous.
“The petitioners cannot deny knowledge that their act of throwing the burning effigy across the gate where security men were standing and on the rooftop of the security room was so imminently dangerous that it must, in all probability would have caused death though for the good fortune of those security men, they escaped unhurt. In any case, the FIR itself specifically alleges that the petitioners tried to kill the security personnel present inside the gate,” the Court said.
While the court said that such disruptive activities could not be shielded under the right to protest, it added a rider that the observations shall have no bearing on the final outcome of the trial, and at that stage the trial court shall take view on the basis of evidence adduced during trial.
Finding the plea to be “completely frivolous”, the Court dismissed the same with costs of Rs. 25,000 to be deposited with Bharat Ke Veer within one week.
Title: JAGDEEP SINGH @ JAGGA & ORS v. STATE NCT OF DELHI