New Delhi [India], November 30 : The Patiala House Court in Delhi on Saturday refused to grant custody of eight accused persons to the Delhi Police in connection with the India Gate protest case.
The court remanded all accused persons to a two-day judicial custody. These accused persons have been arrested in connection with the case linked to the protest and slogan raising near India Gate.
Accused persons, namely Vishnu Tiwari, Akshay, Sameer Fayis, Banka Akash, Prakash Kumar Gupta, Aahan Arun Upadhyay, Vagisha Anudeep, and Ayisha Wafiya, were produced at the judge's residence, and the Delhi police sought a seven-day custody.
While seeking remand custody, police said that their custody is required to investigate the case, and they need to be interrogated in relation to a function of the Radical Students Union (RSU), a banned organisation.
Duty Judicial Magistrate First Class (JMFC) Anjali Singh remanded the accused persons to two days' judicial custody and directed them to be produced before the concerned court on Monday.
"Upon careful consideration of the record and the submissions, I am of the view that at this stage, grant of Police custody remand of 7 days is not made out. Accordingly, the application moved by the IO for seven-day PC remand is dismissed and disallowed," Duty JMFC Anjali Singh ordered.
Delhi police sought the remand of the accused on the ground that during the investigation, some videos have been found that Ravjot Kaur, Ayisha Wafiyah and some other accused persons have attended other programmes of Radical Students Union (RSU), which is a banned Naxalite organisation.
Complete details of these programmes are to be obtained, and the accused persons have to be interrogated regarding the organisers, funding arrangements, and other persons who attended these programmes, the police said.
Investigation officer (IO) also submitted that Accused Ravjot is yet to be arrested in the case, and PC remand of Ravjot and Kranti alias Priyanshu Singh is to be obtained, and these accused persons have to be confronted with them.
Police said that the details of social media accounts of the accused persons are being obtained, and they have to be interrogated regarding the material/posts available on their accounts.
The different WhatsApp groups made by the accused persons are being analysed, and they have to be confronted with the same, the police said.
Police also argued that the accused did not cooperate in the investigation, and the source of the pepper spray is yet to be identified. Other co-accused persons are yet to be identified.
It is stated that Naxalism has been a matter of great concern for a long time, as it is a huge hindrance in the development of the country and has unnecessarily involved many youths in this, which is further deterring them from coming into the mainstream and their overall growth.
The court noted in the order that the IO submitted that they are still investigating the accused's larger role in the offences committed by the accused persons.
"However, the exact reason seeking Police Custody (PC) remand of each accused person could not be substantiated by the IO, " the court further noted.
The court pointed out, "Furthermore, the factum of arresting other accused persons, one of whom has already been arrested in another FIR at Police Station Parliament Street, is not a cogent ground to seek PC remand of accused persons.