JOIN USDelhi Police draw flak over 'illegal' arrest of Disha Ravi
Delhi Police on Monday came under criticism for the "illegal" arrest of young climate activist Disha Ravi in the toolkit case, with lawyers and activist groups claiming that investigators and the Duty Magistrate violated norms and procedures.
While terming the charges against her as "absurd" and an "attempt to criminalise dissent and protest", they alleged that Delhi Police did not obtain a transit remand from Bengaluru to take Disha to Delhi and that she did not have legal support when produced before the duty magistrate.
Disha was picked from Bengaluru on Saturday and was produced before a Duty Magistrate the next day in Delhi and was sent to five-days police custody.
Countering the criticism, Delhi Police said that due procedure was followed and Disha was arrested in the presence of her mother and the local Station House Officer was also present. A medical examination was done, it said but did not comment on the issue of transit remand.
The Campaign for Judicial Accountability and Reforms (CJAR) said that Disha should have been first produced before a competent court in Bengaluru for obtaining transit remand since she was being moved between states, but was not. She was instead produced before the Duty Magistrate in Delhi, who is “by no means the nearest magistrate as required by clause (2) of Article 22”, it said adding Delhi Police have failed to follow any of the guidelines laid down by the Supreme Court.
"She also did not have an opportunity to seek appropriate legal counsel. These actions of Delhi police have made a complete mockery of the 'procedure established by law' in depriving Disha Ravi of her right to life and liberty. Such illegal actions by Delhi Police would amount to kidnapping under the pretence of law," it said.
In a statement, it also expressed "deep disappointment" at the “complete abdication of duty” by the Duty Magistrate, claiming that the magistrate performed his task in a "mechanical manner" that has resulted in a “serious violation of human rights”.
Demanding her immediate release from "illegal detention” and disciplinary action against concerned officers, the CJAR said that the Delhi High Court should take “immediate, suo motu cognizance” of the illegal detention of Disha and initiate disciplinary action against the Duty Magistrate who has performed the constitutional duty in a "casual and desultory manner".
Leading criminal lawyer Rebecca Mammen John said she was "deeply disappointed" by the conduct of the Duty Magistrate, claiming that the judicial officer did not ensure that she was represented by counsel of her choice.
"Magistrates must take their duties of remand seriously and ensure that the mandate of Article 22 of the Constitution is scrupulously followed. If the accused was not being represented by counsel at the time of the hearing, the magistrate should have waited till her counsel arrived or in the alternate, provided her with legal aid," she said.
"Did the magistrate ask the (Delhi Police's) Special Cell why she was being produced directly from Bengaluru without transit remand from Bengaluru courts? All in all shocking abdication of judicial duties," John wrote on social media.
Delhi Chief Minister Arvind Kejriwal also came out in public against Disha's arrest, saying it was an "unprecedented attack on democracy". “Arrest of 21-year-old Disha Ravi is an unprecedented attack on Democracy. Supporting our farmers is not a crime,” Kejriwal tweeted.
Arrest of 21 yr old Disha Ravi is an unprecedented attack on Democracy. Supporting our farmers is not a crime.
— Arvind Kejriwal (@ArvindKejriwal) February 15, 2021
The CPI(M) Polit Bureau described Disha's arrest as an "atrocious action which deserves to be condemned in the strongest terms". Disha is charged with sedition and criminal conspiracy on the absurd grounds that she had forwarded a “toolkit” in support of the farmers' protest, it said.
"The paranoid Modi government has to forthwith end this persecution of young activists. The charges against Disha Ravi should be withdrawn and she has to be released from custody," it added.