[Tractor Rally violence] At the wrong place at the wrong time; religious slogans not incitement for violence: Deep Sidhu seeks bail

Seeking bail in the case concerning the violence that took place at Red Fort on January 26 during the farmers' tractor rally, Punjabi actor Deep Sidhu today told a Delhi Court that he was at the wrong place at the wrong time.

. Counsel for Sidhu Advocate Abhishek Gupta contended that his implication was a "classic case" of trial by media and that he was just a peaceful protestor exercising his fundamental right.

. "He was at the wrong place at the wrong time. He is not a criminal...Mere presence does not make me part of unlawful assembly. There has to be common object to commit violence or instigate," Gupta argued.

. The bail hearing took place at the Tis Hazari Court before Additional Sessions Judge Nilofer Abeeda Parveen .

. Rebutting the prosecution's case that Sidhu was the main conspirator behind the Red Fort violence, Gupta claimed that he was at a hotel in Murthal prior to reaching the spot in question at around 2 pm.

"He left from Murthal at around 12:15...and reached at around 2 pm...Yes, I went there as a peaceful protestor. In hindsight I made a mistake but is that a crime?", Gupta questioned.

. Gupta maintained that he had not called for any tractor rally and that there was nothing on record to show that he indulged in violence or instigated it.

"I have indulged in nothing. No act of violence. Nothing on record. CCTV is already with them...In fact, I pacified the crowd."

. He went on to add,

"There are two videos that I shared with the investigating agency...I am pacifying the people. I'm helping police...Media people are interviewing me...How can there be mens rea?"

. In response to the prosecution case that Sidhu instigated one Jugraj Singh to hoist the Nishan Sahib flag at Red Fort, Gupta said that he did even know who this person was.

"I did not hoist the flag. It is also debateable whether that flag hoisting was criminal, but I'm not getting into it because neither I hoisted it nor asked someone to hoist it."

. Gupta also clarified that the Nishan Sahib flag is hoisted on gurudwaras and the slogans in question are religious chants which cannot incite violence.

"Videos (from the day) have the Indian flag...Slogans are not criminal and are recited every day during ardas."

. The prosecution, on the other hand, argued that Sidhu was part of the conspiracy to "defame India".

"Red Fort is a highly secured area...Can you do anything in the name of fundamental rights?", the Prosecutor asked.

. Hearing in the bail application will continue on April 12. Both parties have been asked to place on record the transcript of videos they are relying upon.

. Sidhu was arrested on February 9 for commission of offences under a host of Sections under the Indian Penal Code, Sections 25/27/54/59 of the Arms Act, and Section 3 of the Prevention of Destruction of Public Property Act in connection with the Red Fort violence.

. His custody was extended for seven more days on February 16. After spending a total of 14 days in police custody, Sidhu was remanded to judicial custody.

[Tractor Rally violence] At the wrong place at the wrong time; religious slogans not incitement for violence: Deep Sidhu seeks bail

Aditi Singh

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