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A Delhi Court yesterday granted bail to 17 students and journalists who were arrested by the Delhi Police while they were protesting in the national capital against Chief Election Commissioner Gyanesh Kumar.

Duty JMFC Animesh Kumar of Patiala House Courts passed four separate orders at 9 PM later last evening, observing that the accused persons were of young age and did not appear to be habitual offenders.

“They have their entire career lying ahead. Therefore, considering the facts and circumstances of the case, the accused persons are admitted to bail….,” the judge said.

The Court noted that allegations against the accused were serious in nature and one police official had allegedly sustained injuries as per the MLC.

It said that while any person has right to protest peacefully, however, assaulting police officials on duty is serious concern which cannot be permitted under the garb of peaceful protest.

“However, it cannot be ignored that all the offences involved in the present case except offence punishable u/s 132 BNS and 190 BNS are bailable in nature. Even the offence punishable under section 132 BNS provides for maximum imprisonment of 2 years only,” the Court said.

Gyanesh Kumar has been accused of allowing irregularities in the Special Intensive Revision (SIR) of electoral rolls.

The Delhi police and paramilitary personnel prevented large groups from reaching the protest site. Many of those detained were subsequently released.

The FIRs have been registered for the offences under Section 223 of the Bharatiya Nyaya Sanhita (BNS) for alleged disobedience of an order duly promulgated by a public servant.

The FIRs relate to alleged violations of prohibitory orders imposed across the New Delhi district under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which prohibit gatherings of five or more people, processions, demonstrations, picketing, dharnas and slogan shouting without prior written permission.

The controversy came into light after a September 23 report by The Indian Express stated that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had recorded objections on at least 14 occasions over the preceding 10 months to decisions taken by the poll panel without their knowledge or approval.

The report said the objections related, among other things, to changes in Form 6, addition and deletion of names from electoral rolls, and centralisation of access to the electoral-roll database.

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