A Delhi court has granted bail to 17 protesters arrested during a demonstration outside Parliament Street Police Station and sought a report from the Delhi Police on allegations of custodial torture made by two of the accused.
Duty Judicial Magistrate Animesh Kumar, while granting bail on Monday night, said the protesters were young and had their careers ahead of them. The court, however, observed that assaulting police personnel on duty was a serious matter and could not be justified in the name of peaceful protest.
The 17 protesters were arrested after demonstrating outside the Parliament Street police station, demanding registration of an FIR against a police officer over allegations that he had molested a woman journalist during a protest over the Special Intensive Revision (SIR) of electoral rolls.
According to the investigating officer, the protesters were arrested for being part of an unlawful assembly, obstructing public space despite prohibitory orders, and allegedly manhandling police personnel, including a woman officer, during detention.
The police also alleged that the protesters damaged the window and rear glass of a bus in which they were being detained and did not cooperate with the investigation.
The defence argued that only 17 of around 50 protesters had been arrested and that the police had not produced CCTV footage of the alleged incident. It also submitted that most of the accused were students exercising their democratic right to dissent and protest, and that some had suffered injuries that were not medically examined immediately after the incident.
The court noted that a police official had allegedly sustained injuries, as reflected in the medical-legal case (MLC) produced by the investigating officer.
However, it observed that most of the offences invoked against the protesters were bailable and that Section 132 of the Bharatiya Nyaya Sanhita (BNS), relating to assault or criminal force against a public servant, carries a maximum punishment of two years.
"However, it cannot be ignored that all the offences involved in the present case except offence punishable under sections 132 and 190 of the BNS are bailable in nature," the court said.
The court also noted that the accused were young and did not appear to be habitual offenders.
"Therefore, considering the facts and circumstances of the case, the accused persons are admitted to bail," it said, directing them to furnish a bail bond of Rs 15,000 with one surety of the same amount.
The court imposed conditions including that the accused should not leave the country without permission, appear before the court as required, not influence witnesses or tamper with evidence, and not commit any offence while on bail.
The court also took note of injuries reported in the MLCs of three accused — Samarth Singh, Sheikh Yunus and Dharmender.
Dharmender and Samarth told the court that they were beaten inside the Parliament Street police station after being detained, while Yunus said he was injured after being pushed during the protest.
Taking note of the allegations made by Dharmender and Samarth, the court directed the DCP, New Delhi, to submit a report on the alleged custodial torture. It also ordered that relevant CCTV footage from the Parliament Street police station be preserved.
The Parliament Street police station has registered an FIR against the protesters under various provisions of the BNS and the Prevention of Damage to Public Property Act.
(With inputs from PTI)
