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Court says trishul not weapon, grants bail to VHP men

Court says trishul not weapon, grants bail to VHP men

Author:
Publication: Outlook
Date: May 8, 2003
URL: http://outlookindia.com/pti_news.asp?id=140367

Observing that tridents cannot be considered weapons, a local court has granted anticipatory bail to five VHP activists accused of displaying trishuls, banned in Rajasthan under the Arms Act.

Additional District and Sessions Judge Ajai Kumar Jain yesterday granted anticipatory bail to the five VHP leaders.

He said a trident cannot be considered a weapon or an article for offence or defence.

The judge said "every double edged and pointed object cannot be considered as arms". Trident cannot be placed in this category, if it is small and has not been designed as a weapon, he said.

The judge said every double edged and pointed object cannot be considered as a weapon under the arms act. Tridents cannot be placed in the category of arms if it is not designed as a weapon, he said.

The court said the government notification banning possesion and distribution of tridents does not give any measurement of the object to be considered as weapon and asked "can a table fork be considered as a weapon".

Since there was nothing to be recovered from the accused against whom police had registered cases for displaying tridents at a Trishul Deeksha programme of VHP on April 21 they are being granted anticipatory bail, the court said.

It may be recalled that senior VHP leader Praveen Togadia was arrested in the state last month for defying the ban on tridents by performing a Trishul Diksha in Ajmer.
 


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