Daryaganj violence: Chandra Shekhar Aazad sent to 14 days' JC, 15 others sent to 2-day JC
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A Delhi court on Saturday sent Bhim Army chief Chandra Shekhar Aazad, who was arrested in connection with the violence in Old Delhi's Daryaganj area, to 14 day's judicial custody. Metropolitan Magistrate Arjinder Kaur dismissed his bail plea, saying, "At this stage, a court is of the considered view that substantial grounds for granting bail to the accused are not made out."
During the hearing, advocate Mehmood Pracha and Bhanu Pratap Singh, appearing for Azad, moved the court with his bail plea on the ground that there is no evidence he instigated the Jama Masjid crowd to go to Delhi Gate where the protesters turned violent. The counsel further said it was "illegal detention".
"We have no information whether he was arrested properly and whether the proper investigation has been done. We have no information about the investigation that has been conducted to date. There are no reasonable grounds to keep him in custody. No police diary has been prepared yet by the investigating agency. "There is no proof that he instigated the crowd to march from Jama Masjid to Delhi gate. The police have no documents, no audio-video recording, no media clip to prove that he was giving a speech that instigated the crowd to carry out violence in the area. They have no proof against him. This is an illegal detention," the council said.
The police opposed his bail plea on the ground that he may threaten witnesses and his judicial remand is necessary for the sake of law and order. "The judicial remand of the accused (Aazad) was necessary for the sake of law and order. There are apprehensions that he may threaten the witnesses in the case. The investigation is still going on. He has also been previously involved in incidents of similar nature," the police said.
While Aazad was awaiting the court's orders, he was seated in the courtroom surrounded by about 15 of his followers. Earlier, a lawyer had requested the court to direct the investigating officer to give details of Aazad's whereabouts.
To this, the investigating officer said that he has been arrested and will be produced before the court within 24 hours as per the provisions of the law. While he was taken away from the court's premises after the pronouncement of the order, his followers gathered around him chanting "Raavan! Raavan". He was taken to Tihar jail in a white car by the police.
Aazad's outfit had organised a march from Jama Masjid to Jantar Mantar on Friday against the new citizenship act, despite not having permission from the police. Earlier in the evening, 15 people, also arrested in connection with the violence in Old Delhi's Daryaganj area, were sent to two days' judicial custody by the city court on Saturday.
The court sent Mohd Athar, Shabir Ahmed, Mohd Asfaq, Irfanuddin, Abbas Ahmed, Danish Mallick, Aamir, Rihaan Khan, Atif, Haider Ali, Mohd Zaid, Furkhaan, Danish, Mohd Ali and Mohd Shamsher Shah to the judicial remand after the police sought their 14 days' judicial custody. During the hearing, police told the court there were serious allegations against the accused and it was a "pre-planned incident".
"Property has been damaged. Public servants were attacked. Till completion of the investigation, the accused should be kept behind the bars. It was a pre-planned and pre-meditated event. One car was set ablaze. Several persons have been injured. An in-depth investigation is required in the case," they said. Senior advocate Rebecca John, appearing for all the accused, opposed the remand application saying the police picked up anyone and blindly arrested them, without any evidence.
"No individual role has been assigned to the accused persons in the FIR. The police have not been able to show what property has been damaged. The accused probably assembled to pray. The police picked up anyone they wanted and blindly arrested them. This is scuttling their freedom. "They are all daily wage laborers and carpenters. The police even detained minors at the same police station and were released after 4 am after the orders of the metropolitan magistrate," the council said.
The senior advocate further told the court that all the offenses mentioned in the FIR were bailable and the only non-bailable offense, section 436 (mischief by fire or explosive substance with intent to destroy house, property) of the Indian Penal Code, was not made out against the accused. Following this, one of those arrested claimed that he was a juvenile and that his age was 15 years.
However, the police said he told them he is aged 23. The court asked him to produce some identity proof of his age. "One juvenile has been arrested. This is a gross violation of the principles of this court," she said. She also sought bail of the accused which would be taken up on Monday for hearing.
Inspector Raj Kumar also showed the court that the injury on his hand happened while he was trying to calm down the situation of the violent protests. Shamsher Shah told PTI that he worked at a tailoring shop and did not reveal his real age to the police as he did not possess any valid identity proof.
He claimed that he did not participate in the protest on Friday and was just returning home from work when he was taken to the police station and arrested. Haider Ali works as a daily wage laborer, Abbas Ahmed works as a carpenter, Irfanuddin does a job of tailoring jeans and Mohd Asfaq works as a welder.
The protesters marching towards Jantar Mantar from Jama Masjid were stopped by police and paramilitary personnel near Delhi Gate, after which they turned violent and set a car on fire and damaged a few other vehicles. The police resorted to lathicharge and used a water cannon to control the situation.
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