A Delhi court granted 3-day police custody to six accused in the India Gate protest case. Police allege they blocked roads, used pepper spray, and supported a banned outfit. The defence claimed peaceful protest and alleged custodial torture.
Patiala House Court on Wednesday granted three-day police custody of six accused persons arrested in a case linked to the protest near India Gate. The accused were arrested for allegedly blocking a road, obstructing police and using pepper spray at Delhi Police personnel during a protest at the India Gate on Sunday.
Judicial Magistrate First Class (JMFC) Aridaman Singh Cheema granted three-day police custody of all six accused persons. Police sought seven days of police custody. The bail pleas of accused persons will be heard after police custody on Saturday. The court has issued notice to the Delhi police.
Arguments in Court
During the hearing, Senior police officers, Joint CP Deepak Purohit and DCP Devash Mahala, were also present. DCP Devesh Mahala made submissions before the court and said that we will have to understand the difference between the fundamental rights and fundamental duties. The protest was well planned. He was responding to the defence counsel’s submissions that protesting is a fundamental right.
Police Allege Planned Protest, Maoist Links
Delhi Police said that some of them blocked the road on November 10. Their mobile are to be sent to the Forensic Science Laboratory (FSL). It was also submitted that three cans of pepper spray were recovered from three accused persons. 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 chilli spray was recovered from Akshay, Akash, and one other accused. It was also submitted that 10 police personnel were injured in the protest.
While seeking the remand of the accused on Monday also it was also submitted that the accused 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. They are required to be interrogated to unearth the Conspiracy and to inquire thier links with Maoist organisations, if any,” police said.
Defence Alleges Custodial Torture, Peaceful Protest
All accused arrested from Kartavya Path (India Gate) were produced before the Patiala House Court after 2 days of judicial custody.
Counsel for the two accused had submitted that they suffered injuries due to custodial torture.
Counsel for the accused had said that they were carrying out a peaceful protest. They are not doing anything anti-national or Naxalite activities. Ahan Arun Upadhyay, one of the accused, has an exam of physics tomorrow. He has a long-term effect on his career, his counsel had submitted .
Counsel for another accused had said that he is a practising lawyer. He was also beaten by the police. During the hearing, the court had also physically examined the injury marks allegedly inflicted by the police.
Counsel for the accused also submitted that the CCTV footage must be preserved. They alleged that there is custodial torture and the footage should be preserved. There are photos showing injury. A lathi charge was done by the police. One accused, Akshay, was pinned down, the counsel had argued, adding that the accused fully cooperated with the investigation. The police officials who allegedly assaulted the accused persons should be booked in a case of custodial torture. A complaint was also given to the police on behalf of the accused, Sameer, his counsel submitted.
(Except for the headline, this story has not been edited by Asianet Newsable English staff and is published from a syndicated feed.)