[Umar Khalid] Delhi High Court relies on Pandit Jawaharlal Nehru, Maximilien Robespierre, holds 'revolution' isn’t always bloodless

In its 52-page-order denying bail to former JNU student and activist Umar Khalid, a Division Bench of Delhi High Court also dealt with, in the detail, the phraseology of “Inquilabli Salam” (Revolutionary Salute) and “Krantikari Istiqbal” (Revolutionary Welcome)..Khalid had used the phrases in a contentious speech when he began his address to a crowd gathered in Amravati, Maharashtra. He was speaking against the Citizenship Amendment Act (CAA) and National Register of Citizens (NRC).Senior Advocate Trideep Pais, arguing for Khalid, had told the court that these words were used for greeting everyone, inviting the spirit of revolution, was in context of people standing against a discriminatory law and that by no stretch of imagination, the use of the words ‘inquilab', 'krantikari', or revolution can be termed as a crime..However, the bench of Justices Siddharth Mridul and Rajnish Bhatnagar, while hearing arguments in Khalid’s bail appeal, had remarked that these phrases were prima facie incriminating per se and inflammatory.In their detailed judgement, the judges said that revolution by itself isn’t always bloodless which is why it is contradistinctly used with the prefix - a 'bloodless' revolution..The judges referred to Maximilien Robespierre – a lawyer and stateman who became the most influential and controversial figure of the 1789 French Revolution – and Pandit Jawaharlal Nehru to hold that a revolution means a complete opposite of a bloodless change..The bench rejected Khalid’s argument that the speech neither spread terror of any kind nor did it excite anyone present.The judges said that the call to revolution does not have to affect only the immediate gathering and it can have an effect on many beyond those who were visibly present.“This court is of the view that possibly, if the appellant had referred to Maximilien Robespierre for what he meant by revolution, he must have also known what revolution meant for our freedom fighter & first prime minister. The very fact that Pandit Jawaharlal Nehru believed that democracy has made revolution superfluous after independence and how it meant the complete opposite of a bloodless change,” the Court said. It added that although the activity of “revolution” in its essential quality may not be different but from the point of view of Robespierre and Pandit Nehru, in its potentiality and in its effect upon public tranquility, there can be a vast difference. .The Beatles, Nehru, Robespierre, Kaifi Azmi invoked in Delhi High Court during hearing of Umar Khalid bail plea.[Read Order]