Daijiworld Media Network - Bengaluru (SD)
Bengaluru, Feb 16: The arrest of 21-year-old climate activist Disha Ravi in the 'toolkit' case has been strongly condemned by activists not only for the sheer act of the arrest, but for the manner in which it was done. Activists from the city have submitted a memorandum to the police alleging that the police failed to follow protocol during the arrest in complete violation of procedures. They sought for release of documents, including arrest and search warrants and transit remand copies of FIR, public witness to the arrest and police diary.
They alleged that Disha was deprived of the opportunity to consult and be defended by a legal counsel of her choice in the capital city.
"It is shocking that the Bengaluru police, which is the jurisdictional police, did not take any measure to ensure that she was allowed to contact her legal counsel before being transported to Delhi," the memorandum added.
The memorandum signed by 70 persons, including advocates and activists, stated that Disha was not produced before the nearest magistrate in Bengaluru but was transported to Delhi which negated the right of Disha. It further cited the Delhi high court order in Sandeep Kumar vs state (NCT) of Delhi (2020) from last year which stated that bringing an arrested person from another state and producing him before a magistrate in their own jurisdiction was 'not in accordance with the law'.
"According to section 80, a person arrested must be produced before the executive magistrate or the deputy superintendent of police or the commissioner of police within whose jurisdiction the arrest was made unless the court which issued the warrant within 30 kilometres of the place or is nearer than the executive magistrate or the deputy superintendent of police or the commissioner of police within whose jurisdiction the arrest was made," the memorandum further stated.
M N Anucheth, DCP (Central) received the memorandum on behalf of the commissioner of police.
DCW notice to Delhi Police
Meanwhile, the Delhi Commission for Women (DCW) has sent a notice to the Delhi Police in the case of the arrest of 21-year-old environmental activist Disha Ravi.
According to the DCW, since the arrest of Disha, certain media reports have been suggesting that the arrest has violated legal procedures. The notice adds that according to media reports, Disha has been arrested for supporting the farmers' agitation going on for the last three months on the borders of the national Capital.
In the notice, the DCW has asked the Delhi Police for a copy of the FIR filed against Disha. The commission has asked, "Was procedure followed during Disha's arrest? Also, according to media reports, she was not provided the lawyer of choice before being presented in court."
Several activists who know Disha have also claimed that during the arrest, even her parents were not informed about where she was being taken.
Article 22 (1) of the Constitution gives every person the right to legal representation by a lawyer of choice. The Commission has sought information from the police about the action taken so far in the case.
DCW chairperson Swati Maliwal said, "Disha has been arrested in a case related to the farmers' agitation. According to media reports, she was not given the lawyer of choice and legal procedures have not been properly followed. We have issued a notice to the police and sought information about the case. The police should certainly investigate the matter. But it is very unfortunate if the arrest was made for supporting the farmers' agitation.