Is Use Of Smoke Canister 'Terrorist Act'? If So, Every Holi & IPL Match Will Attract UAPA : Delhi High Court To Police

The Delhi High Court on Thursday orally remarked that if using smoke canister is a terrorist act, then every holi and IPL match will also attract the offence under UAPA.

The remark came from a division bench comprising Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar which was hearing the bail plea of Neelam Azad, accused in 2023 Parliament security breach case.

The Court asked the Delhi Police to explain as to whether carrying or using a smoke canister, which is not lethal, is covered for the offence of terrorist act under UAPA.

“You take instructions on this and address us.... this canister with smoke which is freely available in the market does not come under the four corners so as to attract UAPA. If that is so, then in every Holi, everybody will come under this offence. Every IPL match will attract UAPA,” the Court said.

The bench listed the matter for further hearing on April 29 and said that it will hear Azad's bail plea along with bail plea filed by co accused Manoranjan D.

While opposing Azad's bail plea, the Delhi Police told Court that the accused persons in the case wanted to bring back “haunted memories” of the 2001 Parliament attack to the “majestic” new parliament building.

In a major security breach on the anniversary of the 2001 Parliament terror attack, two persons jumped into the chamber of Lok Sabha from the public gallery when the Zero Hour was in session. The duo was identified as Sagar Sharma and Manoranjan D.

In the photographs and videos that surfaced on social media, the two were seen holding canisters which released yellow gas. They were also shouting slogans. However, they were overpowered by some of the Member of Parliaments (MPs).

Two other accused, identified as Amol Shinde and Neelam Azad, also sprayed coloured gas from similar canisters outside the premises of the Parliament. They were reportedly shouting "tanashahi nahi chalegi.”

Case Title: MANORANJAN D v. State (Govt. of NCT of Delhi)