Delhi CAA Protests : Karkardooma Magistrate Remands 11 Accused To 14 Days' Judicial Custody

A Metropolitan Magistrate at Karkardooma, Delhi on Saturday remanded 11 persons, who were arrested by Sememapuri Police on Friday night for allegedly indulging in violence during anti-CAA protests, to 14 days of judicial custody.

The offences invoked in the FIR included Sections 307 (attempt to murder), 143/149 (unlawful assembly and common object), 147/148 (rioting, with deadly weapons), 186/332/353 (obstructing public servant from discharge of functions, violently causing hurt to public servant, assaulting public servant) and 109 (abetment) of the Indian Penal Code.

After conducting the medical examination of the detainees, all 11 of them were produced before the judge on Saturday afternoon. The Investigating Officer (IO) for the case was also present, seeking custody of the accused.

Opposing the custody application, Advocate Nitya Ramakrishnan for the accused said that serious charges such as attempt to murder had been wrongly added to the FIR. She stated that there was no proof regarding the involvement of the detainees in such acts and that no prima facie case was made out. She further submitted that 3 of the 11 had sustained serious injuries, and 2 of the accused were under the age of 18 years. There is no disclosure regarding the manner in which injuries had been inflicted upon them, added Ramakrishnan, but S 307 has been added to curtail their right to life and liberty.

The police, on the other hand, clarified that the FIR had been lodged against 9 people initially, but 2 others had been detained later and alleged that they were the 'leaders' of the 'gang' that caused damage to public property. It was stated that the matter was serious as they were pelting stones at police officials intentionally to cause hurt, during their unlawful assembly in the area. Not only did this cause damage to a DTC bus and PCR vans, it also injured policemen. The charge under S 307 is therefore justified, argued the prosecutor, while asserting that the matter needed to be investigated.

Ramakrishnan rebutted saying that there was no way of ascertaining that the accused hurt the police as both sides had sustained injuries. Hearing both sides, the MM reserved his order and came back after 5-10 minutes.

The accused were remanded to 14 days' judicial custody on the ground that the charges were serious and required proper investigation. Noting that the arrests were legal, the MM said judicial custody was warranted in order to ensure no tampering of evidence and preventing any further commission of an offence.

On request of the defence counsel, the families were allowed to provide the accused with warm clothes and a direction regarding preservation of CCTV footage (of one Rama Sweets) was passed. Additionally it was stated that standard requirements of medical test requirements are to be followed. While the police claimed that an MLC had been conducted, the counsel for the accused sought for directions regarding a second one. No such order was specifically passed. The matter will now come up before this court on January 4, 2020.

While an application for bail had been prepared, it was not filed before the MM today. This is because the jurisdiction, in light of charges such as attempt to murder, does not lie with the said MM. It is expected that the bail matter will be moved before an appropriate Sessions judge on Monday, December 23.

Tis Hazari Magistrate today remanded Bhim Army Chief Chandra Shekhar Azad to 14 days judicial custody in a case registered by Daryaganj police station for allegedly inciting violence. 15 other persons were remanded to two days of judicial custody for allegedly setting ablaze a car.