A Delhi court questioned the 24-hour delay in producing 7 accused in the India Gate protest case. It denied police custody for two and remanded all seven to judicial custody, seeking a report from the SHO on the delay in their production.
Court Questions Delay, Remands 7 Accused to Judicial Custody
Patiala House Court on Thursday sought an explanation over the production of the seven accused 24 hours after their arrest from Judicial custody in Tihar Jail. The court refused to grant police custody and remanded the accused persons to judicial custody till tomorrow.
These accused were in judicial custody in a case lodged at Parliament Street Police Station. Now, they have been arrested in the case lodged at Kartavya Path in connection with the protest at India Gate on Sunday.
Duty Judicial Magistrate First Class (JMFC) Animesh Kumar called a report from the concerned SHO over the production of accused persons 24 hours after their arrest.
Investigation officer (IO) produced seven accused, namely Satyam, Kranti, Abhinash, Mehul, Noimmembuk, Vagisha and Ayesha. IO moved an application and sought 2 days’ police custody of Vagisha and Ayesha. He also sought judicial custody for the other five. He submitted that these accused have been arrested on the basis of CCTV footage of a protest carried out at the India Gate.
The court asked when they were arrested. The IO submitted that they were arrested on November 26 between 12 PM and 3 PM from Tihar jail. The court asked the IO why they are being produced before this court 24 hours after their arrest? Why were they not produced before the concerned Magistrate? The IO submitted that these accused persons were produced before another court after expiry of their judicial custody in the case lodged at Parliament Street Police Station. After hearing the submissions, the court directed that a report be filed before the concerned Magistrate on Friday at 2 PM. Till then, all seven accused were remanded in judicial custody.
Police Allege Terror Links in Protest Case
The court on Wednesday granted 3 days’ police custody to six accused persons arrested in a case linked to the protest organised near India Gate. During the hearing, Senior police officers, Joint CP Deepak Purohit and DCP Devash Mahala, were also present.
UAPA Invoked Citing Support for Banned Outfits
While seeking remand of six accused persons on Wednesday, DCP Devesh Mahala also made submissions, citing the anti-terror law UAPA and Naxal Links in the case against the accused.
In a detailed submission before the court, the Delhi Police had strongly argued that the accused are supporting the banned organisation; therefore, their actions fall within the ambit of the Unlawful Activities (Prevention) Act (UAPA). It was submitted that organisations banned by the Government of India are governed under the UAPA. Anyone extending support to such entities, knowingly or unknowingly, can be treated as an offender under the law. Delhi police also argued that freedom of speech is not an absolute right, and restrictions under Article 19(2) of the Constitution were applicable in this case.
Details of Protest and Evidence Submitted
Delhi Police said that some of them blocked the road on November 10. Their mobile are to be sent to FSL. It informed the court that the accused were using mobile phones with auto-delete features, and that the devices had been sent to the Forensic Science Laboratory (FSL) for analysis.
Police said the accused were supporting Hidma’s organisation, which is already banned. They all should be majorly aware of these facts. Police also said that chilli spray was recovered from Akshay, Akash and one other accused. It was also submitted that 10 police personnel got injured in the protest near India Gate.
While seeking the accused’s remand earlier on Monday, it was submitted that the accused had protested at India Gate. They violated the order issued by the public servant and used criminal force to obstruct the public servants. It was also submitted that they also raised slogans in favour of Moist Madvi Hidma. They also used pepper spray. They raised slogans of Lal Salam, police said. They are required to be interrogated to unearth the conspiracy and to inquire thier links with most organisations, if any, Delhi police had said.
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