New Delhi: A court here has sought a report from Delhi Police on allegations of “custodial torture” levelled by two protesters arrested on Monday, as it granted bail to 17 people accused of unlawful assembly and obstructing public space, saying they are young and have their entire career ahead of them.
The court also emphasised that while any person has the right to protest peacefully, assaulting police officials on duty is a matter of serious concern which cannot be permitted under the garb of peaceful protest.
The order was passed on Monday night by duty judicial magistrate Animesh Kumar after the 17 were arrested while they were protesting outside the Parliament Street Police Station earlier in the day, demanding registration of an FIR against a police officer alleging that he had molested a woman journalist during that protest on the SIR row.
The court noted that according to the investigating officer (IO), the accused had been arrested as they were part of an unlawful assembly and had obstructed or blocked the public space where prohibitory order was in force, and, besides, when they were being detained, they manhandled the police officials, including a woman police official.
It noted that the police alleged that they also broke the window glass and the back side glass of a bus in which they were being kept, and that they did not cooperate during the investigation.
The court said the counsel for the accused argued that out of around 50 persons who were allegedly protesting, only 17 had been arrested and no CCTV footage of the alleged incident was brought on record.
“It is further argued that the accused persons are of very young age and most of them are students who were exercising their democratic right to dissent and to protest.”
“It is also argued that some of the accused persons have also sustained injuries. However, their medico-legal cases (MLC’s) were not conducted immediately after the incident,” the court noted.
In its order, the court said, “It should be noted that allegations against the accused are serious in nature. One police official has allegedly sustained injuries as per the medico-legal case (MLC) produced by the IO.”
It said that while any person has the right to protest peacefully, assaulting police officials on duty is a matter of serious concern which cannot be permitted under the garb of peaceful protest.
“However, it cannot be ignored that all the offences involved in the present case except offence punishable under sections 132 (assault or criminal force to deter public servant from discharge of his duty) and 190 (unlawful assembly) of the BNS are bailable in nature, and even the offence punishable under BNS Section 132 provides for maximum imprisonment of two years only,” the court said.
It said that the accused are young and do not appear to be habitual offenders.
“They have their entire career lying ahead. Therefore, considering the facts and circumstances of the case, the accused persons are admitted to bail subject to furnishing bail bond of Rs 15,000 with one surety of like amount,” the court said.
It also imposed other conditions — not leaving the country, appearing before the court, not making any direct or indirect inducement or threat to any person acquainted with the facts of the case and not committing any offence while on bail and not tampering with evidence.
Meanwhile, the court said that according to the MLCs, no claim of juvenility has been made by the accused.
It said, “As per their MLCs, injuries have been reported on accused Samarth Singh, which are like abrasion. Injuries have also been reported on accused Sheikh Yunus, which are like tenderness and swelling, and injuries have also been reported on accused Dharmender, which are like abrasion, contusions and swelling.”
The court said upon enquiry, Dharmender and Samarth submitted that they sustained injuries as they were beaten inside Parliament Street after getting detained, while Sheikh Yunus said that he sustained injuries as he was pushed during the protest.
It said, “Since the accused Dharmender and Samarth have levelled allegations regarding custodial torture, let a report be called from DCP New Delhi regarding the same. The relevant CCTV footage of PS Parliament Street be also preserved.”
The Parliament Street police station has registered an FIR against the accused under sections of BNS and the Prevention of Damage to Public Property Act.
