New Delhi: The Congress on Thursday hit out at the government over police action against the party’s youth wing members in connection with the “shirtless protest” at the AI Impact Summit, saying what is happening is an “unfair misuse and misapplication” of the law.
Senior Congress leader Abhishek Manu Singhvi said the Congress expresses deep, pervasive and serious concern over the manner in which criminal charges have been levelled against individuals for the political protest.
“There is nothing here that could remotely, by even the most perverse distortion, be described as organised violence, sinister intent or premeditated wrongdoing. This is an unequal, unfair misuse and misapplication of the law,” Singhvi said at a press conference at the party’s 24, Akbar Road, office here.
Referring to the Indian Youth Congress (IYC) protesters, Singhvi said, “The question is, should these people protest inside their bedrooms? Should they protest by standing quietly, simply because you say the ‘right’ way to protest is to stand outside a minister’s house holding a placard?
Singhvi, who is also the chairperson of All India Congress Committee (AICC) Law, Human Rights and RTI Department, said, “In the Youth Congress protest case, some incorrect arguments have been made that entering someone’s home is not right. Let me clarify – Bharat Mandapam is not a private property; it is a public place.
“Therefore, it cannot be compared to a home. At the same time, demanding answers from the government is not terrorism.”
Singhvi argued that methods of protest can vary as to whether to remove a T-shirt or not during a protest which can be a matter of differing opinions but no one can be accused of violating criminal law.
He also argued that the applications of various sections of law under the BNS have been done incorrectly in the case.
“List of provisions on the IYC case are as follows: Section 121 (Voluntarily causing hurt and grievous hurt): Tell me, where did anything like this happen in this case? Section 132 (Assault or criminal force to deter a public servant): When did this happen during the protest, and with which public servant did this happen?
“Section 195 (Assault to obstruct a public servant while suppressing a riot): Such thoughts weren’t even in the minds of the youth, let alone doing anything like it. Section 221 (Obstructing public servant in the discharge of public function): Our colleagues protested, but where did they obstruct a public servant? Section 223 (Disobedience to duly promulgated order): Where did this happen during the protest?” he said.
Noting that Section 190 has also been invoked, Singhvi said many people have been caught on charges of conspiracy, and so, according to this logic, every person in the Congress could be caught.
He said Section 153A, which pertains to promoting enmity between groups prejudicial to harmony, has also been invoked, and asked what the youth did during the protest that created enmity between groups, and which harmony was disrupted.
Singhvi said Section 197 pertains to amputations prejudicial to national integration. He asked whether this meant that issues related to the country’s farmers and employment are harmful to national unity.
“Not only this; in the protest case, common intentions and criminal conspiracy have also been added,” Singhvi said.
“We commend our colleagues in the Indian Youth Congress and the Congress for standing firm under hostile conditions. The sections invoked are wholly inapplicable.
“We trust the judiciary will take a holistic view of this democratic activity. Terms like ‘terrorism’ and ‘anti-national’ are completely misplaced here,” he said.
The more the government tries to sensationalise and criminalise this issue, the more it elevates these young voices and their cause, Singhvi asserted.
His remarks came after a high-voltage standoff between the police teams of Delhi and Shimla came to an end following a dramatic 24 hours on Thursday morning, after the Delhi Police team was finally cleared to head back to the national capital along with the three Youth Congress activists arrested in connection with the “shirtless protest” at the AI summit.
The “shirtless protest” at Bharat Mandapam on February 20 prompted a significant security response, with police earlier invoking charges including rioting and promoting enmity under relevant provisions of the Bharatiya Nyaya Sanhita (BNS).
IYC president Uday Bhanu Chib and former national spokesperson Bhudev Sharma were arrested in connection with the case on Tuesday. Both were subsequently produced before a Delhi court and remanded to police custody for interrogation.
According to the Delhi Police, 11 people have been arrested so far.
On Saturday midnight, the Delhi Police raided Himachal Sadan in the national capital amid reports that the IYC workers who had participated in the protest were provided accommodation there.
