New Delhi [India], December 3 : Delhi's Patiala House Court on Wednesday reserved its order on the bail pleas of three individuals arrested in connection with a protest at India Gate, with the police opposing the bail requests.
The protesters, including students, were detained for allegedly raising anti-national slogans and using pepper spray against police personnel. Police opposed the bail pleas, citing Madvi Hidma's name was on a poster, slogans.
They were arrested following the lodging of a case at the Kartavya Path Police Station. The court is to pronounce an order on Monday.
Judicial Magistrate First Class (JMFC) Aridaman Singh Cheema reserved the order on the plea of Shri Ilakiya, Tanya Shrivastav and Kajal.
On Tuesday, the court reserved an order on the bail pleas of Shreshth Mukund, Prakash Kumar Gupta, Vishnu Tiwari, Sameer Fayis, Ahaan Arun Gupta, and others. The court will pronounce the order on these pleas on Thursday.
During the arguments on Wednesday, advocate Nijam Pasha argued that all the accused are students. They have their exams.
On the other hand, Delhi Police said that Shri Ilakiya is a member of Bhagat Singh Chhatra Ekta Manch. She was there in the RSU program at Hyderabad. She was holding the poster in the protest.
Advocate Nijam Pasha contended that the Hyderabad event happened 10 months ago. Its video was there on the internet for a long time. Why should Ilakiya be in custody for this video now?
The court asked, "Are you admitting that she was there in the programme?"
Advocate Pasha said, " I am taking the allegations at face value. I am disputing the fact. I am neither admit nor deny it. It will be done at the appropriate stage.
The students were protesting against the rising level of pollution in Delhi, Pasha submitted.
While opposing the bail pleas, the Public Prosecutor stated that the investigation is in its initial stage. "We found the video link now. That needs to be investigated. She is an active member of Bhagat Singh Chhatra Ekta Manch."
"Why was the name of Hidma included, and not that of the other person concerned with the environment, if the accused were protesting against the rising level of pollution?" asked the Public Prosecutor.
The investigating officer stated that the Bhagat Singh group was also involved in poster-making. Gurkirat is the President of this group, and there are several members in the WhatsApp group. It was created in 2017.
While opposing the other bail pleas on Tuesday, the Police said that the group was created for a purpose. No permission was sought to organise the protest.
Defence counsel also argued that the Prosecution cannot treat every accused with the same yardstick. The accused are in different positions; the role of each accused should be described.
Counsel for Vishnu Tiwari argued that he is in a different position from others. "You can't swim in two boats. Earlier, they said someone else had pepper spray."
The Judge said, "Check Hyderabad CDR. Whether they (accused) were there at the same time or not."
Police had also said that some of the accused visited Hyderabad and attended the program of Radical Students Union (RSU), which is a banned organisation.
The defence argued that the accused were merely protesting against pollution and that writing anti-establishment slogans is not a crime.
Defence counsel had opposed the submissions by submitting that is going to Hyderabad suspicious? They're clutching at straws. People can't be sent to 20 days in prison for dhakka mukki with the Police.
During the hearing, the police also said that the accused were protesting with posters having anti-national slogans.
Defence counsel had further argued that writing an anti-establishment slogan is not a crime.
The judge asked the Police, "At first, you were saying something else (regarding who had recieved a message for protest). It is alleged that there are two groups, and some of the accused are members of them."
The Judge asked, "What were these groups for? There must have been a purpose?"
As per the prosecution, there was a protest at India Gate on Sunday. It is alleged that anti-national slogans were raised there. Students raised slogans in support of Maoist Madvi Hidma and gave a red salute to Comrade Hidma.
It is further alleged that the accused persons used pepper spray against the police personnel. It is further alleged that some of the accused went to Hyderabad and attended a program organised by RSU on February 21 and 22. Slogans were raised in support of the Maoists.