Sad day for democracy if line blurs between right to protest, terrorist activity: HC

New Delhi:  The Delhi High Court on Tuesday granted bail to JNU student Natasha Narwal in the 2020 riots ‘conspiracy’ case, saying terror laws cannot be applied in a “cavalier manner” and the line between the right to protest and terrorist activity is getting blurred as also that it will be a sad day for democracy if this mindset gains traction.
A Bench of Justices Siddharth Mridul and Anup Jairam Bhambhani admitted her on a regular bail on furnishing a personal bond of Rs 50,000 each along with two sureties of the like amount. The court also granted bail to two more student activists in the case.
While granting her relief, the bench opined, It seems, that in its anxiety to suppress dissent, in the mind of the State, the line between the constitutionally guaranteed right to protest and terrorist activity seems to be getting somewhat blurred. If this mindset gains traction, it would be a sad day for democracy.” Furthermore, the court stated that the allegations relating to inflammatory speeches, organising ‘chakka jaam’, instigating women are evidence that she participated in organising protests, but there is no specific allegation that she incited violence.
We can discern no specific or particularised allegation, much less any material, that the appellant incited violence, what to talk of committing a terrorist act or a conspiracy or act preparatory to the commission of a terrorist act as understood in the UAPA, the judges said in a 72-page judgement.
Narwal, who was arrested in May 2020, has been directed to surrender her passport and not to travel out of the country without permission of the trial court or contact prosecution witnesses or other persons acquainted with the facts of the case or tamper with evidence.