If this mindset gains traction, it will be sad for democracy: Delhi HC

Three of them were arrested last year in connection with alleged larger conspiracy. Pic/Twitter

We are of the view that the foundations of our nation stand on surer footing than to be likely to be shaken by a protest, however vicious, organised by a tribe of college students or other persons, operating as a coordination committee from the confines of a University situate in the heart of Delhi," a bench of Justices Siddharth Mridul and Anup Jairam Bhambhani said.

In three separate judgments of 113, 83 and 72 pages, the high court said that although the definition of 'terrorist act' in section 15 of the stringent Unlawful Activities (Prevention) Act (UAPA) is wide and somewhat vague, it must partake the essential character of terrorism and the phrase 'terrorist act' cannot be permitted to be applied in a "cavalier manner" to criminal acts that squarely fall under the IPC.

"We are constrained to express, that 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" which would be in peril, the bench said, adding there was nothing to show the possible commission of a terrorist act.

The high court directed Pinjra Tod activists Narwal and Kalita and Tanha, who were arrested in May last year in connection with alleged larger conspiracy in the riots, to surrender their passports and not to offer any inducement to prosecution witnesses or tamper with the evidence in the case.

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