Delhi Court Remands 3 Protesters to Police Custody Following India Gate Air Pollution Demonstration

A total of 23 protesters were arrested during an air pollution protest in Delhi last month in November.

New Delhi:

On Monday, a Delhi court ordered three protesters - Ravjot, Gurkirat, and Kranti - to spend three days in police custody. They were allegedly involved in using pepper spray against police personnel during a demonstration against pollution at India Gate last month.

The court also placed seven other accused protesters under judicial custody for seven days.

While Delhi Police requested 10 days of police custody for Ayisha Wafiya and three other female protesters, the court granted them only three days of judicial custody.

Judicial Magistrate First Class (JMFC) Aridaman Singh Cheema issued the order, specifying that female investigating officers must conduct any interrogation of the women.

This decision came after defense counsel alleged that the women had received rape threats and experienced sexual harassment from male police officers.

In their arguments for police custody, Delhi Police claimed that some of the arrested students had participated in a conference of the banned Radical Students' Union (RSU) in Hyderabad in February. They presented videos allegedly showing connections between the protesters and the Naxalite movement.

Investigators stated they needed time to investigate slogans expressed in solidarity with slain Maoist commander Madvi Hidma.

Police officers also argued that extended custody was necessary due to emerging evidence, including videos of students chanting controversial slogans and WhatsApp conversations showing coordination among group members. They also wished to trace funding sources, noting that the accused had traveled to a conference and possessed expensive phones.

The defense opposed the request for additional custody, stating that the accused had fully cooperated, had already undergone interrogation, and had spent two days in police custody for a related case.

They emphasized that authorities had already seized the protesters' devices, eliminating any possibility of evidence tampering.

Since police already possessed the primary virtual evidence, the defense argued there was no further need for custodial interrogation.

The defense counsel also maintained that many members played no active role in coordinating or organizing the protest beyond simply belonging to a WhatsApp group and being present at the venue, indicating no unified intention among the accused protesters.

Delhi Police were criticized for operating in a "lackadaisical" manner, as they had produced no leads regarding the source of the pepper spray used at the protest site, despite having conducted over a week of custodial interrogation.

Eight accused individuals - Vishnu Tiwari, Akshay, Sameer Fayis, Banka Akash, Prakash Kumar Gupta, Aahan Arun Upadhyay, Vagisha Anudeep, and Ayisha Wafiya - appeared before the court following the expiration of their two-day judicial custody on Monday.

On Saturday, the court had rejected Delhi Police's application for seven days of police custody, instead placing them under judicial custody for only two days.

Except for Ayisha, who received three days of judicial custody, the remaining accused have been remanded to seven days of judicial custody and will appear before the court on Tuesday.

Police reported that a total of 23 protesters were arrested in two separate cases registered at the Parliament Street and Kartavya Path police stations.

According to authorities, 17 individuals were arrested following an altercation at the Parliament Street police station, while 6 were detained by Kartavya Path police for allegedly using pepper spray on officers during the India Gate protest.

Fifteen of the 17 people named in the Parliament Street FIR were subsequently arrested again in connection with the Kartavya Path case.