The Delhi High Court has upheld charges, including attempt to murder, against several individuals accused of throwing a burning effigy onto the rooftop of a security room at J.P. Nadda’s official bungalow during a protest in 2022. The court dismissed a revision petition by nine protesters against the Agniveer scheme, emphasizing that violence in the name of protest cannot be justified in a democracy. The incident, captured on CCTV, occurred outside Nadda’s bungalow at Motilal Nehru Marg.
Such acts of violence do not align with the essence of protest, the court noted, expressing concern over disruptive activities under the guise of protest. The accused individuals allegedly burnt an effigy of the political leader, carried the burning effigy using wooden sticks, and threw it onto the gate and rooftop of the security room before fleeing the scene. The prosecution argued that the accused intended to endanger the lives of security personnel inside the bungalow.
During the hearing, the defense contended that no injury was caused, and there was no intent to kill, thus challenging the charges under Section 307 IPC. However, the prosecution, supported by eyewitness statements and CCTV footage, maintained that the accused’s actions posed a threat to the security personnel. The court rejected claims that the incident was a mere protest, highlighting the deliberate nature of the act and the potential danger it posed.
The Delhi High Court clarified that the charges under Sections 307, 436, 147, 149, and 188 of the IPC were justified, as the act of throwing the burning effigy was intentional and not a result of negligence. The court emphasized that the absence of injuries did not negate the seriousness of the offense, as the act was inherently dangerous. Dismissing the petition as frivolous, the court imposed a cost of Rs 25,000 on the petitioners to be deposited with the Bharat Ke Veer fund within a week.
