Premium

‘If use of smoke canister is a terrorist act, every Holi & IPL match will also attract UAPA’: Delhi HC on 2023 Parliament breach case

The court indicated that if a smoke canister, which was freely available in the market, would attract UAPA, then people would be committing this offence every Holi – using non-lethal smoke canisters to celebrate – and even IPL matches will attract this provision.

2 min readNew DelhiUpdated: Apr 25, 2025 07:27 AM IST

The security breach took place on the anniversary of the 2001 Parliament terror attack, when the accused allegedly launched coordinated gas attacks, both inside and outside Parliament, during the Zero Hour on December 13, 2023. (Express File Photo)

The Delhi High Court on Thursday said that if the use of non-lethal smoke canister can be called a terrorist act, attracting charges under the Unlawful Activities (Prevention) Act (UAPA), then “every Holi” and every “IPL match” will also attract UAPA.

The court indicated that if a smoke canister, which was freely available in the market, would attract UAPA, then people would be committing this offence every Holi – using non-lethal smoke canisters to celebrate – and even Indian Premier League (IPL) matches will attract this provision.

A bench of Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar were on Thursday hearing the bail plea moved by Neelam Azad, an accused in the 2023 Parliament security breach case.

Justice Prasad told the prosecution, “(According to petitioner) having this canister doesn’t come within the four corners to attract UAPA… If that is so, then every Holi it will be UAPA… My brother (Justice Shankar) says every IPL match will be UAPA.”

He asked the prosecution to “take instructions on this and address us….”

Azad’s counsel Balraj Singh Malik told the bench that the type of canister used by Azad and other accused in the security breach case does not constitute “explosives” under UAPA. He added that such canisters are easily available and sold during festivities.

Earlier, the prosecution, opposing Azad’s bail plea, had told HC that the accused wanted to bring back the “haunted memories” of what had happened in the old Parliament — referring to the 2001 Parliament attack — to the “majestic new Parliament building”.

Story continues below this ad

The security breach took place on the anniversary of the 2001 Parliament terror attack, when the accused allegedly launched coordinated gas attacks, both inside and outside Parliament, during the Zero Hour on December 13, 2023.

While two of the accused jumped into the Lok Sabha chamber from the public gallery and opened smoke canisters that released yellow gas, outside the Parliament premises, two others — Amol Shinde and Neelam Azad — sprayed coloured gases from canisters while shouting “tanashahi nahi chalegi (dictatorship won’t be allowed)”.

The six accused were later arrested under UAPA and the Indian Penal Code by the Delhi Police Special Cell.

Sohini Ghosh

Sohini Ghosh is a Senior Correspondent at The Indian Express. Previously based in Ahmedabad covering Gujarat, she recently moved to the New Delhi bureau, where she primarily covers legal developments at the Delhi High Court Professional Profile Background: An alumna of the Asian College of Journalism (ACJ), she previously worked with ET NOW before joining The Indian Express. Core Beats: Her reporting is currently centered on the Delhi High Court, with a focus on high-profile constitutional disputes, disputes over intellectual property, criminal and civil cases, issues of human rights and regulatory law (especially in the areas of technology and healthcare). Earlier Specialty: In Gujarat, she was known for her rigorous coverage in the beats of crime, law and policy, and social justice issues, including the 2002 riot cases, 2008 serial bomb blast case, 2016 flogging of Dalits in Una, among others. She has extensively covered health in the state, including being part of the team that revealed the segregation of wards at the state’s largest government hospital on lines of faith in April 2020. With Ahmedabad being a UNESCO heritage city, she has widely covered urban development and heritage issues, including the redevelopment of the Sabarmati Ashram Recent Notable Articles (Late 2025) Her recent reporting from the Delhi High Court covers major political, constitutional, corporate, and public-interest legal battles: High-Profile Case Coverage She has extensively covered the various legal battles - including for compensation under the aegis of North East Delhi Riots Claims Commission - pertaining to the 2020 northeast Delhi riots, as well as 1984 anti-Sikh riots. She has also led coverage at the intersection of technology and governance, and its impact on the citizenry, from, and beyond courtrooms — such as the government’s stakeholder consultations for framing AI-Deepfake policy. Signature Style Sohini is recognized for her sustained reporting from courtrooms and beyond. She specialises in breaking down dense legal arguments to make legalese accessible for readers. Her transition from Gujarat to Delhi has seen her expand her coverage on regulatory, corporate and intellectual property law, while maintaining a strong commitment to human rights and lacuna in the criminal justice system. X (Twitter): @thanda_ghosh ... Read More

Stay updated with the latest - Click here to follow us on Instagram

Tags:
UAPA

Loading Recommendations...

Mar 14: Latest News

Live Blog