Arrest after bail against constitutional principles: Deep Sidhu’s lawyer to court

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Arrest after bail against constitutional principles: Deep Sidhu’s lawyer to court

Gupta told the court that Sidhu has been detained for over 75 days and that every single day in detention is a “grave violation” of his rights under Article 21 of the Indian Constitution.

Deep Sidhu with officers from the special cell in Janakpuri, New Delhi. (Express photo: Tashi Tobgyal / file)

Punjabi actor-activist Deep Sidhu, through his lawyers, told a Delhi court that his post-bail arrest was in violation of constitutional principles.

Sidhu’s attorney, Abhishek Gupta, brought the arguments before Chief Metropolitan Magistrate Gajender Singh Nagar, who has reserved the appointment for next Monday.

Gupta told the court that Sidhu has been in custody for over 75 days and that every single day in custody constitutes a “grave violation” of his rights under Article 21 of the Indian Constitution.

Gupta told the court that both FIRs contained identical offenses, adding that bail should also be granted in the second FIR and within hours of receiving the bail in the first FIR: “I got bailed in one because of the second FIR Malafide arrested way. “

“Sidhu has been detained for more than 75 days. Both FIRs refer to the same incident. Registering the second FIR is a process abuse. The damage done to the Red Fort was the same as in the first FIR (in which Sidhu was given bail). The only addition to this are provisions of the Insult Prevention Act of the National Honor Act of 1971 … Why did they arrest me right after my bail? It violates constitutional principles and the rule of law, ”Gupta told the court.

Citing multiple rulings, Gupta told the court, “The existence of a warrant is one thing. The justification for such an arrest is a different matter. “

Gupta told the court that “this is a scam in the process. They are making identical allegations that were previously dealt with by the ASJ (Additional Sessions Judge). The arrest is arbitrary and arbitrary in the first place. “

Additional prosecutor Rajiv Kamboj, who appeared for the state, told the court, “The timing may be questionable, but there is no answer as to why they didn’t go to the Supreme Court to overturn the second FIR.”

“Both crimes occurred at different times. Just because they performed in the same place doesn’t mean we can’t file a second FIR, ”Kamboj told the court.

“The Red Fort is an old monument. You have made unrecognizable and destroyed. According to the videos, he (Sidhu) played an active role. Since this is a delicate case, no bail should be given, ”Kamboj told the court.

Sidhu was previously bailed by a Delhi court in connection with the violence at the Red Fort on Republic Day. His continued detention was in violation of his right to life and liberty.

Hours later, the Delhi Criminal Police arrested Sidhu for damaging the monument.

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