Observing that society can withdraw liberty sanctioned to an individual when he becomes a danger to societal order, a Delhi court has denied bail to eight Bharatiya Janata Yuva Morcha (BYJM) activists, who barged through security barricades and smeared paint on Delhi Chief Minister Arvind Kejriwal’s residenceon March 30.
Additional Sessions Judge Naveen Kumar Kashyap denied bail to the eight accused observing that “prima facie it is clear that their fundamental right to peacefully protest is exceeded by them knowingly/intentionally”.
The court said that the “liberty of an individual is not absolute”.
“The society, by its collective wisdom through the process of law, can withdraw the liberty that it has sanctioned to an individual when an individual becomes a danger to the societal order. A society expects responsibility and accountability from the member, and it desires that the citizens should obey the law, respecting it as a cherished social norm,” the court said.
It emphasised that when an individual “behaves in a disharmonious manner ushering in disorderly thing, which the society disapproves, the legal consequences are bound to follow”.
The court agreed that the right to assemble and protest by a political party is a fundamental right, but added that “such right is subject to certain restrictions and is not an uncontrolled one”.
Story continues below this ad
“In the present case, it is not a simple case that they protested and ended their protest then and there… despite telling protesters and their leaders, including the present applicants, they can
protest at a particular place, they did not comply with the same,” the court said.
Senior advocate Kirti Uppal, who argued on behalf of the accused, told the court that the offences in this case are punishable with imprisonment of less than seven years and, in violation of the Supreme Court guidelines, police “did not serve any notice and straight away arrested the accused illegally”.
Uppal argued that “there was no intention to hurt anyone” and it “was only a demonstration which is a right of every citizen and political party under the constitution”.
Story continues below this ad
The court agreed with Uppal’s arguments and sent a copy of the order to the DCP concerned for action against the police for not following proper guidelines.
The police told the court that a request to protest by Tejasvi Surya, national president, BJYM and other BJP leaders and supporters outside the CM’s residence had been denied.
Police submitted that on March 30, around 200-250 BYJM supporters were guided about a designated spot for a protest, but “they started moving towards ‘first layer’ of barricades and started pushing the barricades to break the chain”.
Police argued that water cannons were used against the protesters when they crossed the second layer of barricades, but some of them managed to sneak through the third layer of barricades via the bushes and started charging heavily.
Story continues below this ad
The state prosecutor argued that the investigation was at an initial stage and search for the other absconding accused was underway.
Nearly 200 members of the BJYM, the BJP’s youth wing, had staged a protest outside Kejriwal’s house against his remarks on the ‘The Kashmir Files’ movie. The men broke the boom barrier, kicked and banged the main gate before painting it red. They also broke a CCTV camera outside the residence.
Anand Mohan J is an award-winning Senior Correspondent for The Indian Express, currently leading the bureau’s coverage of Madhya Pradesh. With a career spanning over eight years, he has established himself as a trusted voice at the intersection of law, internal security, and public policy.
Based in Bhopal, Anand is widely recognized for his authoritative reporting on Maoist insurgency in Central India. In late 2025, he provided exclusive, ground-level coverage of the historic surrender of the final Maoist cadres in Madhya Pradesh, detailing the backchannel negotiations and the "vacuum of command" that led to the state being declared Maoist-free.
Expertise and Reporting Beats
Anand’s investigative work is characterized by a "Journalism of Courage" approach, holding institutions accountable through deep-dive analysis of several key sectors:
National Security & Counter-Insurgency: He is a primary chronicler of the decline of Naxalism in the Central Indian corridor, documenting the tactical shifts of security forces and the rehabilitation of surrendered cadres.
Judiciary & Legal Accountability: Drawing on over four years of experience covering Delhi’s trial courts and the Madhya Pradesh High Court, Anand deconstructs complex legal rulings. He has exposed critical institutional lapses, including custodial safety violations and the misuse of the National Security Act (NSA).
Wildlife Conservation (Project Cheetah): Anand is a leading reporter on Project Cheetah at Kuno National Park. He has provided extensive coverage of the biological and administrative hurdles of rewilding Namibian and South African cheetahs, as well as high-profile cases of wildlife trafficking.
Public Health & Social Safety: His recent investigative work has uncovered systemic negligence in public services, such as contaminated blood transfusions causing HIV infections in thalassemia patients and the human cost of the fertilizer crisis affecting rural farmers.
Professional Background
Tenure: Joined The Indian Express in 2017.
Locations: Transitioned from the high-pressure Delhi City beat (covering courts, police, and labor issues) to his current role as a regional lead in Madhya Pradesh.
Notable Investigations: * Exposed the "digital arrest" scams targeting entrepreneurs.
Investigated the Bandhavgarh elephant deaths and the impact of kodo millet fungus on local wildlife.
Documented the transition of power and welfare schemes (like Ladli Behna) in Madhya Pradesh governance.
Digital & Professional Presence
Author Profile: Anand Mohan J at Indian Express
Twitter handle: @mohanreports ... Read More
