On November 22, 2023, a Delhi court rejected the bail application of Mahesh Kumawat, one of the key accused in the high-profile Parliament security breach case.
The accused, who was arrested on December 16, 2023, is facing serious charges under the Unlawful Activities (Prevention) Act (UAPA) along with various sections of the Indian Penal Code (IPC). The case revolves around an alleged conspiracy to disrupt parliamentary proceedings in December 2023, which involved Kumawat and several others.
The Additional Sessions Judge, Hardeep Kaur, in her ruling, expressed concerns about the strength of the charges against Kumawat, emphasising that the allegations were “prima facie true.”
She further noted that there was compelling evidence linking the accused to a series of secretive meetings where the alleged plot to disrupt the Parliament was discussed.
According to the charge sheet, Kumawat attended five such meetings between February 2022 and December 2023, where detailed plans were made for the event that transpired on December 13, 2023.
Despite claims from the defence that Kumawat had severed ties with the accused group before the incident, the court disagreed. It pointed out that Kumawat was aware of the planned act and failed to inform authorities, even after the incident took place.
The court highlighted that, after the breach, Kumawat shared a video of the incident on social media, which had been given to him by another co-accused, Manoranjan. This act, the court argued, further substantiated the accusations against him.
Kumawat’s defence team argued that the application of UAPA was unwarranted, claiming that the act was not a terrorist attack in the true sense of the law. They suggested that the accused were merely trying to draw attention to political issues and did not intend to cause harm or instigate violence.
Furthermore, they contended that there was no evidence linking the accused to terrorist organisations or any intention to fracture the unity and sovereignty of India, which is a key criterion under UAPA. They also emphasised that Kumawat had voluntarily surrendered to the police and cooperated with the investigation.
On the other hand, the prosecution, represented by Special Public Prosecutor Akhand Pratap Singh, strongly opposed the bail application. The prosecution highlighted the severity of the breach, pointing out that during a live session of the Lok Sabha, two of the accused, Manoranjan D and Sagar Sharma, caused panic by releasing smoke canisters in the chamber, enveloping the hall in thick yellow smoke.
This not only disrupted the proceedings but also caused significant fear among MPs, staff, and viewers watching the broadcast. Meanwhile, outside the Parliament building, other accused, including Neelam and Amol, were apprehended for raising slogans and causing further disturbances.
The prosecution stressed that the accused had acted in a premeditated and coordinated manner, with a clear intent to disrupt parliamentary activities and create fear among the public.
Investigations revealed that the accused had gone to great lengths to conceal their digital evidence, including destroying data from mobile phones and social media accounts.
Forensic reports indicated that one of the accused, Manoranjan, had even gone as far as formatting his laptop to erase evidence of their involvement.
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