The Delhi Police on Tuesday, 10 July, had opposed BJP leader Ashwini Upadhyay's release from custody, arguing that his bail could lead to an adverse law and order situation, The Indian Express reported.
Taking note of Delhi Police's pleas, a Delhi court on Tuesday had sent Upadhyay and three others linked to the Jantar Mantar communal incident to two-day judicial custody, news agency ANI reported.
Two other accused, Vineet and Deepak Singh, have been remanded to one-day police custody.
The Delhi Police had on Tuesday arrested former Upadhyay and five others in connection with incendiary slogans raised at a Jantar Mantar event organised by Upadhyay on Sunday.
Advocates of the accused confirmed to The Quint that the FIR was registered against the six accused under sections 188, 269, 270 and 153A of the IPC, as well as the Epidemic Disease Act, Section 3, and the Disaster Management Act, Section 51b.
The Delhi Police's Plea
Earlier on Tuesday, the Delhi police had moved an application in the court seeking three-day custody of Vineet and Deepak Singh, and 14-day judicial custody of Ashwini Upadhyay, Preet Singh, Vinod Kumar, and Deepak Kumar. The court had then reserved its order.
Additional Public Prosecutor Atul Srivastava, representing the Delhi Police, argued in the court that the accused persons should not be released as they disturb the law and order upon their return to the society, The Indian Express reported.
What Happened at the Hearing?
BJP leader Upadhyay's legal counsel Ashwani Dubey had submitted a bail application in the court. Dubey had also submitted an application seeking a copy of the FIR against him.
Advocate Srivastava, representing the police, denied the plea seeking a copy of the FIR, arguing that since it had been flagged as sensitive by the DCP concerned, it could not be presented to the accused, The Indian Express reported.
Srivastava further informed the court that the police had refused permission for the march organised by Upadhyay, taking view of the COVID situation and the Independence Day preparations.
The Delhi police's legal counsel, reading out the inflammatory slogans raised at the event, said, “Our country is a secular country. It is the basic structure of your country. Despite that you are gathering there,” The Indian Express reported.
Upadhyay's lawyers told the court that he was not present when the incident took place.
“I was the first person to complain to the police. I have submitted my complaint in writing to DCP (New Delhi). Neither am I an organiser nor a sponsor. I have not seen these persons. I will cooperate with the investigation,” Upadhyay told the court through video-conference, IE reported.
“I have high regard for my lawyer friend. He knows law… He was informed well in advance that his permission has been denied. He still went on with it. 5,000 persons have assembled. Without arrest, it was not possible to complete the investigation. There will be further law and order situation also… He may go in society and create unruly situation,” Srivastava was quoted as saying by The Indian Express.
Lawyers for the other accused also told the court that there was no proof against them, and that they were not in attendance at the time of the communal episode.
What Happened at Jantar Mantar?
A rally against colonial laws had been called at Jantar Mantar on Sunday, 8 August, by BJP leader Ashwini Upadhyay. The march was reportedly called as an initiative under the 'Bharat Jodo Movement' – that had been endorsed by Prime Minister Narendra Modi on a recent episode of Mann Ki Baat.
The gathering in support of the uniform civil code had been denied permission by the Delhi police.
Purported videos of the gathering that have surfaced on social media depict a large crowd of people shouting inflammatory, violence-inciting slogans in unison.
"The rally was from 10 am to 12 pm. Whereas the sloganeering happened around 5 pm. Our rally was outside Park Hotel but the slogans were given near Parliament House police station. I do not know who they were," the BJP leader told Bar & Bench.
(With inputs from ANI and The Indian Express)
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