Delhi air pollution protest: Arrested protesters allege ‘custodial torture’, 22 sent to judicial custody

Delhi air pollution protest: Delhi's Patiala House Court reportedly remanded 17 accused to judicial custody for three days, five accused to two-day custody and sent one to a safe house until their age is verified, as they claimed to be a minor. The minor's bail application has also been filed.

A total of 23 people 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, news agency PTI reported.

They were arrested in a case lodged at Parliament Street Police Station in connection with the Delhi air pollution protest. During the hearing, the Delhi Police said that the accused persons raised slogans in favour of Maoist Madvi Hidma.

What's the case?

On Monday, the Delhi Police told a court that a group of protesters was arrested for allegedly using pepper spray on police and raised slogans hailing slain Maoist leader Madvi Hidma.

Maoist Madvi Hidma was recently killed in an ambush with security forces in Andhra Pradesh.

Police registered two different FIRs — one at the Kartavya Path police station against six protesters and the other at the Sansad Marg police station against 17 people.

The FIR said the protesters raised alleged Maoist slogans, including "Hidma amar rahe", "Kitne Hidma maroge, har ghar se Hidma nikalega" and "Hidma lal salaam", prompting the addition of Section 197 for assertions deemed prejudicial to national integration.

The newly-added Section 197 of the Bharatiya Nyaya Sanhita (BNS) pertains to imputations and assertions prejudicial to national integration, which includes charges for disseminating false information that endangers India's sovereignty, unity, or security.

Police said the protesters obstructed the public servants from discharging their duties, violated the orders passed by the public servants, and also caused injuries to public servants.

What happened in court?

Police said in court that the accused were required to be interrogated to unearth the conspiracy and to inquire about their links with the Maoist organisation.

Advocate Ahmad Ibrahim appeared on behalf of the five girls accused in this case. He submitted that the accused are students and carried out a peaceful protest.

He also submitted that the girls were manhandled and were subjected to harassment and suffered injuries, PTI reported.

It was also submitted that, if the police seek judicial custody, the accused persons should be released, as their custodial interrogation is not required.

Advocate Ibrahim said that the bail application for the five accused will be filed tomorrow.

During the hearing, the court also interacted with the girls who alleged manhandling.

Custodial torture alleged

According to news agency PTI, the counsel for the two accused submitted that they suffered injuries due to custodial torture. The counsel said they were carrying out a peaceful protest and were not engaged in any anti-national or Naxalite activities.

Counsel for another accused claimed that he is a practising lawyer and was "beaten by the police."

During the hearing, the court also physically examined the injury marks allegedly inflicted by the police.

Counsel for the accused also submitted that the CCTV footage should be preserved. "Our allegation is that there is custodial torture. It should be preserved, " the counsel submitted.

"There are photos showing an injury. The police did a lathi charge. One accused, Akshay, was pinned down," the counsel claimed.

"What they need to unearth in custodial interrogation. They are students and have been in custody. They 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," the counsel of another accused, Sameer, submitted, as per PTI.