NEW DELHI: A day after it upheld Bhim Army chief Chandrashekhar Azad ’s constitutional right to protest, a Delhi court on Wednesday granted him bail but barred him from entering the capital for four weeks or holding any “dharna” here till the elections are on.

Additional sessions judge Kamini Lau recorded that there was no material to show Azad’s direct involvement in instigating violence during an anti-CAA protest at Jama Masjid on December 20, and then slapped the strict bail conditions.

Saying that “the nation cannot be exposed to anarchy”, the court gave Azad 24 hours to leave the city and return to his native UP, and pointed out that special circumstances call for special conditions.

“While in Saharanpur , Azad would mark his presence before the SHO at Fatehpur police station on every Saturday for four weeks. In case Azad has to visit AIIMS for his medical condition, he will first inform DCP crime who will provide him with an escort,” the court directed.

If Tuesday saw the court question the evidence cited by police and stress on the right to protest, ASJ Lau reminded everyone on Wednesday that “at the same time, our Constitution strikes a fine balance between rights and duties. While exercising our right of peaceful protest, it is our duty to ensure that no corresponding right of another is violated and no inconvenience is caused to anyone.”

“There is no material in the form of CCTV footage or audio recordings to prima facie show the direct involvement of the accused with the alleged violence,” the judge noted, adding that Azad maintains he read out the Preamble (to the Constitution) but police allege he made “inflammatory statements, details of which have not been placed on record, so much so that there was no statement of any eyewitness to affirm the same.”

During the verdict pronouncement, Azad’s counsel Mehmood Pracha said the Bhim Army chief faces threat in UP.

But the court clarified that the condition has been imposed till February 16, observing that “violence or destruction of property was totally unacceptable and for any kind of damage, it is the organisers who would be responsible and liable to compensate for the loss. There has to be zero tolerance for any kind of violence and lawlessness cannot be encouraged.”

It also noted that “it has to be ensured that these protests do not last for a long time at places under public use”.

While the judge agreed with Azad’s central claim that reading the Preamble cannot prima facie be taken as incitement, she took exception to a few social media posts by him, including one targeting Prime Minister Narendra Modi . “This is problematic. Our institutions must be respected,” the court remarked.

