Right to protest fundamental right cannot be termed as terrorist act Delhi HC

Delhi | Tuesday | 15th June, 2021

Summary:

New Delhi June 15Right to protest is a fundamental right and cannot be termed as a 'terrorist act' the Delhi High Court Tuesday said while granting bail to JNU student Devangana Kalita in a case related to the communal violence in north east Delhi during protests against the Citizenship Amendment Act. It said right to protest peacefully without arms is a fundamental right under Article 19(1)(b) of the Constitution and has not been outlawed yet. Kalita was arrested along with others in May last year under the stringent Unlawful Activities (Prevention) Act (UAPA) in connection with a case of larger conspiracy related to riots. The high court by separate judgements also granted bail to another JNU student Natasha Narwal and Jamial Millia Islamia student Asif Iqbal Tanha in the UAPA case. “There is absolutely nothing in the subject charge-sheet by way of any specific or particularised allegation that would show the possible commission of a 'terrorist act' within the meaning of section 15 UAPA; or an act of 'raising funds' to commit a terrorist act under section 17; or an act of 'conspiracy' to commit or an 'act preparatory' to commit a terrorist act within the meaning of section 18 UAPA” the bench said..