India Gate protest: 22 sent to judicial custody

The Delhi Police on Monday (November 25) informed a court that a group of protesters arrested for allegedly using pepper spray on police personnel during a demonstration at the India Gate over pollution raised slogans lauding Maoist leader Madvi Hidma, who was recently killed in an encounter with the security forces.

22 sent to judicial custody

Two FIRs have been lodged by the police in this regard- one at Kartavya Path police station against six protesters and the other at Sansad Marg police station against 17 people. After the accused were produced before two magisterial courts, 22 were sent to judicial custody.

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Judicial Magistrate Aridaman Singh Cheema, hearing the first case lodged at Kartavya Path police station, remanded five accused to two days' judicial custody, while one was sent to an observation home until his age is verified in the case.

During the hearing, the investigating officer (IO) told the court that the arrestees were raising slogans hailing Madvi Hidma, a top Maoist leader who was killed in an encounter in Andhra Pradesh earlier this month.

Defence counsel alleges torture

However, the defence counsel alleged that at least three students (protesters) were tortured in police custody while being interrogated.

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The FIR at the Kartavya Path police station was registered under BNS sections 74 (assault or criminal force to a woman with intent to outrage her modesty), 79 (word, gesture, or act intended to insult the modesty of a woman), 115(2) (voluntarily causing hurt), 132 (assault or criminal force to deter public servant from discharge of duty), 221 (obstructing public servant in discharge of public functions) and 223 (disobedience to a lawful order from a public servant).

In the second case, Judicial Magistrate Sahil Monga sent the 17 accused persons, including 11 women, to three days' jail, saying the allegations against them were "serious".

What court said on second FIR

The FIR lodged at the Sansad Marg police station was under the BNS sections 132, 221, 223, 121A (conspiracy to commit offences against the State) and 126(2) (wrongful restraint). Also Read: Delhi steps up crackdown on PUC violations as air quality plunges

"I have perused the record and heard the investigating officer (IO). The allegations are serious, and the matter is at an early stage of investigation. Identity verification of several accused persons is pending, and digital/electronic evidence is yet to be examined.

"Considering their non-cooperation and the requirement of proper investigation, judicial custody is justified," the judicial magistrate said.

‘Aggressive protest’

The court noted that the police, in their plea, alleged that some of the accused persons later came to the gate of Parliament Street police station and "continued aggressive protest, blocked the police station and DCP office gate, and prevented the entry and exit of police personnel".

It noted that they allegedly did not follow directions even after being informed that BNS Section 163 (prohibitory orders) was imposed in the New Delhi area.

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"When police personnel attempted to disperse the protestors, the accused persons allegedly became violent, attacked the police wall and caused injuries," the court noted.

On Sunday, the situation at the protest site escalated as some demonstrators allegedly used pepper spray on police personnel while being removed from the scene and were taken to Parliament Street police station, where they were involved in another scuffle with the escorting officers.

(With agency inputs)