‘Who says you cannot protest? Have you read constitution?’ Judge asks prosecutor in Azad bail hearing

Bhim Army’s Chandrashekhar leads anti-CAA protest at Jama Masjid. Photo: Sreekanth Sivadasan

Taking a strong stance against the arrest of Bhim Army chief Chandra Shekhar Azad, Tis Hazari Additional Sessions Judge Dr. Kamini Lau questioned harshly the Public Prosecutor who opposed the bail application saying that Azad had incited violence through his social media posts, LiveLaw reports.

During the bail plea, Judge Lau came down heavily on the Delhi Police saying Azad has a “constitutional right to protest.”

‘Where is the violence? What is wrong with any of these posts? Who says you cannot protest?. Have you read the constitution?,’ observing that there was nothing violent about Azad’s social media posts, the judge asked.

Lau questioned the “objectionable statements” on the basis of which the Delhi Police made the arrests. “Where is the illegality? Tell me about the law. What has investigation shown?” the judge asked.

According to LiveLaw, the Prosecutor initially refused to share the posts with Azad’s lawyer Mahmood Pracha. But the judge sternly said that the alleged objectionable posts should be shared unless any privilege is claimed.

The bail hearing of Bhim Army chief also witnessed some crucial observations made Judge Lau. The judge said the Delhi Police was behaving as if Jama Masjid is Pakistan. 

“You are behaving as if Jama Masjid is Pakistan. Even if it was Pakistan, you can go there and protest. Pakistan was a part of undivided India,” Judge Lau said.

When the prosecutor mentioned that prior permission for the protest was needed, Judge countered it saying that the SC has repeatedly said that the use of Section 144 is an “abuse,” LiveLaw reports.

Bhim Army chief Azad has been in jail since December 21 in connection with protests against the Citizenship Amendment Act in Old Delhi.

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