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Parl security breach: Delhi HC to hear accused bail plea on April 29
A bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar said it would then hear Azad's bail plea along with a similar petition of co-accused Manoranjan D.
During a brief hearing, the high court asked the police to explain on the next date whether carrying or using a smoke canister, which is not lethal, covered under the stringent Unlawful Activities (Prevention) Act (UAPA) for the offence of terrorist activities.
In a major security breach on the anniversary of the 2001 Parliament terror attack, accused Sagar Sharma and Manoranjan D allegedly jumped into the Lok Sabha chamber from the public gallery during zero hour, released yellow gas from canisters and sloganeered before they were overpowered by some MPs.
Around the same time, two other accused -- Amol Shinde and Azad -- allegedly sprayed coloured gas from canisters while shouting "tanashahi nahi chalegi" outside Parliament premises.
The court said if a smoke canister, which was freely available in the market, would attract UAPA then people would be committing this offence on every Holi and even Indian Premier League (IPL) matches will also attract this provision.
"You take instructions on this and address us.... this canister with smoke which is freely available in the market does not come under the four corners so as to attract UAPA. If that is so, then in every Holi, everybody will come under this offence. Every IPL match will attract UAPA," the bench said.
Azad's counsel sought bail saying provisions of UAPA were not attracted in the case.
Section 15 of UAPA defines terrorist act and outlines the actions and intent required to be considered a terrorist act, including actions with the intent to threaten India's unity, security, or sovereignty, or to strike terror in people using explosives, firearms, or other dangerous substances to cause death, injury, damage, or disruption of essential services.
The prosecution opposed the bail application, calling the offence "grave" against Azad, who is accused of disrupting the sovereignty and integrity of India.
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