A Delhi court on Monday observed that violence for any reason was not justified as it dismissed bail pleas of 15 people arrested in connection with a violent protest against the new citizenship law in Delhi's Daryaganj area and extended their judicial custody by two weeks.
Metropolitan Magistrate Kapil Kumar dismissed the bail applications, saying investigation was at its initial stage and the allegations were "serious" in nature.
The court passed the order after they were produced before it on expiry of their two-day judicial custody (JC).
The court said violence was committed when the alleged protest was going on against the provisions of the Citizenship Amendment Act (CAA) and the proposed National Register of Citizens (NRC).
It noted that police officials were assaulted and criminal force was used upon them by pelting stones and such incidents create panic in the society.
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"Submissions revealed that violence was committed that when the alleged protest was going on against the provisions of Citizenship Amendment Bill and NRC. The police officials on duty to maintain law and order were voluntarily obstructed in discharge of their public functions. Police officials were assaulted and criminal force was used upon them by pelting stones when they were at spot being public servant and in execution of their duties.
"The barricades which got damaged in the incident in question by the acts of accused persons and other unknown associates of the accused persons were public property and in these circumstances the invoking of provisions of the Prevention of Damage to Public Property Act is prima facie justified," it said in its order.
The court further said the manner in which the incident took place revealed that there was a common object between the accused persons to achieve "illegal object".
"The modus-operandi adopted by the accused in the incident in question reflect the prior meeting of mind of the accused persons. These kind of incidents create panic in the society. Violence for any reason is not justified... The allegations are very serious. Investigation is at initial stage. No ground for bail is made out at this stage," it said.
During the hearing, the police told the court that if bail is granted, the accused may influence witnesses. They further claimed that the alleged offences committed were a "glaring example of riots".
The investigating officer claimed the accused were arrested from the spot and were found indulging in the offence of riot.
"They were identified at the spot being the offenders by the injured police officials only. If bail is granted, the accused may commit same offence which may affect the law and order. IO (investigating officer) said that they may jump the bail and could influence witnesses. Offences committed are serious in nature and is a glaring example of riots," he claimed.
The police further alleged other unknown associates of the accused, who had allegedly committed violence in the name of protests against the Citizenship Amendment Act and NRC, were absconding.
"The car which put on fire was parked just outside the office of DCP Central Office and that fire could have damaged the office of DCP also. Many video footage have surfaced and all those are being analysed minutely," the police said.
They said 17 police officials suffered injuries when the accused along with their associates allegedly pelted stones at them.
While seeking bail, senior advocate Rebecca John, appearing for the accused, said that those arrested should not be kept behind bars since police did not have CCTV footage or any other evidence against them.
"Section 436 (mischief by fire or explosive substance with intent to destroy house, etc) of IPC does not apply against the accused. Does the police have any proof, CCTV footage etc. against them," John asked.
The senior advocate said they have been falsely implicated and the manner in which the proceedings have been conducted was a clear example of "high-handedness" and "arbitrariness" of the police.
"They belong to the poor strata of the society. When they were returning from Friday prayers, they were picked by the police illegally and falsely implicated in the case. They have nothing to do with the present case and the manner in which the proceedings have been conducted is a clear example of high-handedness and arbitrariness on the part of the police. None were handed over the notice as per the provisions of the Criminal Code of Procedure prior to effecting their arrest," John said.
The court in its order said that section 436 IPC was not prima facie applicable as the car which was put on fire was parked on road and there was nothing as to destruction of any building which is ordinarily used as a place to worship or as human dwelling or as a place for the custody of property.
After the accused were taken back to the lock-up, one of lawyers, appearing for the accused, told the court that some of those arrested were allegedly beaten by the police in custody.
The judge, however, refused to pass any direction on this and said neither the accused made any such allegations when they were called to court nor their medical reports suggested so.
The court on Saturday had sent them to two days' judicial custody till today.
One of those arrested had claimed he was a juvenile. However, the police said he told them he was 23.
Violence broke out in the area on December 20 when a group of agitating demonstrators resorted to stone-pelting after police tried to forcefully evict them. In the melee, one car was set on fire and several others were damaged.
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