Delhi air pollution stir: ‘Protesters raised slogans in favour of Maoist commander Hidma’, court told 

In relation to the first FIR, six protesters were produced before Judicial Magistrate First Class (JMFC) Aridaman Singh Cheema of Patiala House Court.

The Public Prosecutor (PP), representing the police, argued that chilli powder had been used by the protestors against the police officers. “They came fully prepared… We stopped them four times. They raised slogans in support of Naxalites. The protest was supposed to be about pollution, why were slogans linked to Naxalites raised?” the PP told the court, adding that two days custodial interrogation was needed to “reveal any Naxal links”.

The lawyer of one of the accused replied: “They are educated youngsters. They connected pollution to issues of land, forests and water. Why are they being treated like criminals?”

“Police assaulted them,” the defence lawyer claimed.

One of the accused persons alleged in court: “I was beaten in the police booth… there was a surgery on my knee, they still beat me up.”

“This is the level of custodial torture,” his lawyer claimed.

The PP argued: “We want their custody. They’ve raised slogans in favor of Maoism… they’ve raised slogans of Lal Salaam.”

“Is Lal Salaam (red salute) anti-national?… there’s still a Communist government in this country,” the lawyer replied.

“What else do you have?” the judge asked the Public Prosecutor.

“They’ve raised slogans in favour of Maoist commander Madvi Hidma [who was killed last week in an encounter in Andhra Pradesh],” the PP said.

Following this, the judge asked the PP if there was a video of the incident. The PP showed the court a video with the purported slogans being raised. “There are many such slogans,” he said.

“Send them to judicial custody. Till then you (police) take out the videos and mention everything in the case diary,” the judge said.

The court sent five protestors to judicial custody for two days while the sixth person has been sent to a safehouse till the time his age is verified.

This FIR has been registered under sections 74 (assault or criminal force to a woman with intent to outrage her modesty); 79 (word, gesture, or act intended to insult the modesty of a woman); 115(2) (voluntarily causing hurt); 132 (assault or criminal force to deter public servant); 221 (obstructing public servant in discharge of public functions); and 223 (disobedience to a lawful order from a public servant) of the BNS at Kartavya Path Police Station.

In the second FIR, 17 accused were produced before JMFC Sahil Monga of Patiala House Court.

In this case, police sought judicial custody for 14 days. The court granted three-day judicial custody.

“The allegations are serious and the matter is at an early stage of investigation; identity verification of several accused persons is pending and digital electronic evidence is yet to be examined. Considering their non-cooperation and the requirement of proper investigation, judicial custody is justified,” the court said.

They have been booked under sections 223A (disobedience to order duly promulgated by a public servant, with punishment depending on the severity of the consequences), 121A (conspiracy to commit offences against the State), 126(2) (punishment for wrongful restraint) as well as sections 132 and 221 of the BNS at Parliament Street Police station.

Protestors alleged “custodial torture” and “groping” by police personnel.

Among those named in the FIRs are at least seven Delhi University students – six are reportedly associated with the Bhagat Singh Chhatra Ekta Manch (BSCEM) and one with Himkhand, an environmental research and action collective.

Meanwhile, Scientists for Society (SFS), which also participated in the protest, distanced itself from the BSCEM and Himkhand. In a statement, the SFS said it had joined the protest “solely on the issue of pollution” and accused Himkhand and BSCEM of suddenly raising slogans in favour of Hidma. Saying that while it “unequivocally condemns such encounters” and supports calls for a high-level inquiry into Hidma’s killing, it added that the protest on Sunday was “not the appropriate platform” to raise the issue.