No arrests | SabrangIndia News Related to Human Rights Tue, 03 Aug 2021 11:21:17 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png No arrests | SabrangIndia 32 32 18 months on, no arrests in JNU violence case https://sabrangindia.in/18-months-no-arrests-jnu-violence-case/ Tue, 03 Aug 2021 11:21:17 +0000 http://localhost/sabrangv4/2021/08/03/18-months-no-arrests-jnu-violence-case/ The Centre informed the Lok Sabha that three cases have been registered at the Vasant Kunj (North) Police Station, but no arrests have been made yet

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JNU Violence caseImage Courtesy:newindianexpress.com

During the Parliament’s ongoing Monsoon Session, Lok Sabha member Dayanidhi Maran asked the Ministry of Home Affairs (MHA) about the progress of the investigation in the Jawaharlal Nehru University (JNU) Campus violence that took place in January last year.

To this, the Minister of State for Home Affairs, Nityanand Rai submitted a response saying, “As reported by Delhi Police, no arrest has been made in these cases.” He added that a Special Investigation Team (SIT) of Crime Branch has been constituted to investigate the three cases registered at Vasant Kunj (North) Police Station in Delhi, but no arrests have been made.

His written answer dated August 3 reads, “Delhi Police has reported that a Special Investigation Team (SIT) of Crime Branch has been constituted to investigate three cases registered at Police Station Vasant Kunj (North), Delhi regarding violence in JawaharLal Nehru University (JNU) Campus in January-2020. The investigation conducted inter-alia includes examination of witnesses; collection and analysis of footages; and examination of identified suspects.”

On January 5, 2020, violence was unleashed on campus when masked assailants, allegedly Akhil Bharatiya Vidyarthi Parishad (ABVP) members, entered the university campus and attacked hostel students with sticks, stones and iron rods. The attack started at 6:30 in the evening when masked men and women armed with lathis, rods and sledgehammers entered the campus and attacked JNU Students’ Union representatives. They also entered hostels (girls hostel included) and smashed furniture, beat up students and teachers. More than 30 students were grievously injured, according to media reports, and some were even rushed to AIIMS for treatment.

Soon after the attack, many questions were raised over the alleged inaction by Delhi Police when the violence raged inside one the top universities of the country. In November last year, the Delhi Police had reportedly given itself a clean chit and stated that they could not have entered the campus without the assent of the university authorities. A few screenshots from WhatsApp groups also emerged that pointed to the fact that the whole attack was allegedly planned and orchestrated by the ABVP. Read more about it in this SabrangIndia report.

This attack had taken place against the backdrop of anti CAA-NRC protests, wherein students from different colleges all across the country had been demonstrating against the discriminatory citizenship amendment law that sought to provide citizenship on the basis of religion.

The answer may be read here: 

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Police failure to protect JNU from terror attack needs to be independently investigated

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No arrests in offences with up to 3 years punishment: Rajasthan HC https://sabrangindia.in/no-arrests-offences-3-years-punishment-rajasthan-hc/ Fri, 21 May 2021 04:27:59 +0000 http://localhost/sabrangv4/2021/05/21/no-arrests-offences-3-years-punishment-rajasthan-hc/ The court passed this order while keeping in mind the risk of spread of Covid through asymptomatic persons in prisons, among other things

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Image Courtesy:theleaflet.in

The Rajasthan High Court has directed the state police to not arrest any person accused of offences which have punishment of up to 3 years, in order to prevent spread of Covid in prisons and also to reduce the burden on police. This order has been made operational until July 17.

The bench of Justice Pankaj Bhandari was dealing with an anticipatory bail application where the accused was charged under sections 457 (Lurking house-trespass or house-breaking) and 354 (Assault or criminal force to woman with intent to outrage her modesty) of the Indian penal Code (IPC).

At the outset, the court noted that the court has a huge pendency of bail applications and as many as 5 benches of the court were hearing them. The court recognised that the police have the powers to arrest persons accused of cognisable and non-bailable offences. The court had presented a query to the Additional Advocate General asking whether the police, who are involved in other more important task of enforcing the lock-down, be directed not to arrest an accused charged with offence punishable with a term, which may extend upto 3 years till July 17. The AAG responded in the affirmative.

https://ssl.gstatic.com/ui/v1/icons/mail/images/cleardot.gifThe court also observed that arrest of persons in cases where imprisonment extends upto 3 years and are triable by First Class Magistrate under present circumstances will prove to be counter-productive. “If a person, who is arrested and produced before the Magistrate and thereafter, sent to Jail is an asymptomatic carrier of Covid-19, the inmates may be put at risk,” observed the court.

The court ordered thus,

“Taking note of the above and also in view of larger public interest, this Court is of the view that the police may be restrained for the time being from making arrest of the accused persons, who are charged with offence where maximum sentence is upto three years, till 17th July, 2021. Thus, listing of bail applications under Section 438 Cr.P.C both before Sessions Court as well as High Court will be avoided.”

At the request of the AAG, the court directed the Director general of Police (DGP) to issue instructions to all officers in police stations to not make such arrests until July 17. The court also directed the registry to not list bail applications under Section 438 Cr.P.C in offences where maximum sentence extends up to three years and the offence is triable by First Class Magistrate till reopening of Courts after Summer Vacation.

The complete order may be read here:

Related:

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Gauhati HC seeks info on female declared foreigners and their children in Detention Camps

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