New Delhi: A Delhi court on Friday denied bail to an accused in the Red Fort violence during the farmers' Republic Day tractor rally while noting that photographs provided by the prosecution showed him "sitting on the roof of his car alongwith national flag which prima-facie show that he had an active role to instigate unruly mob".
Additional Sessions Judge Charu Aggarwal, in her order, noted that the allegations against the applicant, one Dharmendra Singh Harman, are serious in nature as he is an active member of the unruly mob who took law in their hands by diverting from the prescribed route and then by breaking police barricades not only at one place but in three areas including the Red Fort area "where they forcibly entered and attacked on the police personnel and damaged their vehicles and in the incident several police personnels got injured".
ASJ Aggarwal stated that the investigation is at a nascent stage and hence the possibility of the applicant trying to influence the probe if released on bail cannot be ruled out.
The prosecution's photographs also showed a horde of vehicles behind and around the accused and his car that had the national flag.
During the hearing, Advocate Imran Ali, on behalf of the accused, argued that as per the FIR, no specific role had been assigned to the accused in the alleged crime. The counsel further argued that Harman was participating in the peaceful protest in the tractor rally, adding that, "...applicant is only sitting on the top of his own car having national flag in his hand and taking photographs being a proud Indian".
The counsel further submitted that Harman had no active role in the crime and was neither the instigator, agitator nor was he part of the violence in the Red Fort. He added that Harman was not part of any political group and that neither was he with any of the Kisan organisations.
Meanwhile, Additional Public Prosecutor Virender Singh, opposing the bail plea, submitted that the accused played an active role in instigating the mob which can be seen from the photographs where he is holding a national flag and other tractors are following or are shown to be around his car.
APP Singh also told the court that the accused broke barricades first at Sanjay Gandhi Transport Nagar and then at Burari before finally forcibly entering the area of Red Fort where he allegedly attacked the police personnel and destroyed their vehicles.