Violence unacceptable: Delhi HC denies relief to persons who threw burning effigies at JP Nadda's residence

The Delhi High Court recently refused to close the criminal proceedings against nine persons booked for the offence of attempt to murder for burning and throwing effigies at the residence of former BJP President and current Union Health Minister JP Nadda in 2022.

Justice Girish Kathpalia observed that the actions of the accused could not be considered a legitimate democratic protest. It was a brazenly disruptive activity, the Court added. 

It noted that after burning an effigy on a public road, the protesters crossed a footpath and service road before allegedly hurling burning pieces of the effigy onto the gate and rooftop of the security room at Nadda’s residence on Motilal Nehru Marg. 

“Protests do form a significant part of a democracy. But violence in the name of protest cannot be acceptable to any tenet of demosprudence. Such acts of shoot and scoot do not constitute a protest. It is indeed a matter of serious concern that a section of society today thrives on such disruptive activities in the name of protest,” the Court said. 

According to the FIR, the incident took place on June 21, 2022, and was captured on CCTV cameras installed at Nadda’s residence. Police alleged that the accused raised slogans, burned the effigy and then threw the same towards the security enclosure before fleeing the scene.

The protesters argued that no injuries were caused and that charges under Section 307 of the Indian Penal Code (attempt to murder) were therefore not applicable. They also contended that the incident amounted at most to negligent conduct under Section 285 IPC. 

A trial court rejected their discharge applications seeking closure of the proceedings.

They then approached the High Court.

However, the High Court rejected the plea, stating that the act was intentional and “imminently dangerous,” especially since security personnel were present near the gate. 

The Court further said that the plea was completely frivolous and imposed costs of ₹25,000 on the petitioners. The amount has to be deposited with the Bharat Ke Veer fund within one week. 

Advocate Vimal Tyagi appeared for the petitioners. 

Additional Public Prosecutor (APP) Amit Ahlawat represented the State. 

[Read Order]