Those detained during Delhi protests on October 10, 11 and 12 have filed petitions in the Supreme Court alleging police excesses and appealing for an independent inquiry into the police action, preservation of CCTV footage and bodycams and return of their phones and other belongings. The detainees alleged they were dragged, slapped and assaulted by Delhi Police personnel.
The Lawyers Association for Constitution (LAFC) filed a petition in the Supreme Court raising concerns over “serious and widespread police excesses” against persons protesting against the Special Intensive Revision (SIR) of electoral rolls and demanding the resignation of the Chief Election Commissioner in Delhi on October 10 and 11.
The petitioners, including citizens, advocates, women, minors and journalists, claimed they were subjected to physical assault, abuse and illegal detention. “Several persons were detained in areas where Section 163 of the BNSS had not been promulgated; several were not informed of the grounds of their detention or were detained by purported police personnel displaying no name tags on their uniform; and many others were denied access to legal counsel,” the petition mentioned.
The plea claimed women were detained after 6 p.m.; their mobile phones forcibly taken away, and some were beaten and sexually assaulted by the Delhi Police personnel and some “hooligan elements, while the police remained mute spectators to these crimes.”
“Juveniles were detained without any intimation to their guardians and even passers-by engaged in their ordinary daily activities were also taken into custody.,” it said.
The petitioners contended that the police acted selectively, treating individuals differently on the basis of their appearance or perceived identity, contrary to Articles 14 and 15 of the Constitution.
All this while mobile Internet services were suspended in the area around Janpath and Kartavya Path; trains were cancelled, buses diverted, roads closed and metro stations shut. “The actions violate people’s fundamental rights and fail to follow the Supreme Court’s rules on arrest and detention, and go against the court orders. The Supreme Court has also made it clear that people have the right to protest peacefully and that the use of force against peaceful protesters is not justified,” said Pyoli, advocate-on-record for petitioners.
Several citizens and senior advocates have stated that they were dragged, slapped and beaten up. Women protesters were sexually assaulted. There were no grounds of detention given to the detainees, their family members not informed, no legal counsel provided.
“Many persons reported several injuries, bruises and even a dislocated shoulder,” the petition mentioned.
Fidel Tom, an advocate, was detained by the police personnel at the Sanjay Colony police station on October 10 when he had gone there to provide legal aid to detainees who had reached out to the Association.
He was abused in custody and lawyers who reached there to represent Mr. Tom were not allowed to enter the police station till after midnight of October 11. He was denied access to his lawyers and necessary medical aid till the early hours of October 11 when he was finally taken for MLC, the petition said.
At first, at least 37 citizens have sent their responses to the Association for filing the petition. As per Ms. Pyoli, they have been receiving responses every day. The documentation began on October 11 evening.
In another incident near the Safdarjung Flyover, on the same day, a female protester was subjected to sexual assault by a police personnel. The incident took place during police action against the protesters. The victim’s hand got caught in the wipers of a police van, resulting in bruising, and she sustained an abrasion on the left knee.
Another petition filed by Network of Women in Media, through its representative Laxmi Murthy, mentioned “repeated instances of unlawful detention, forcible removal, physical assault, manhandling, intimidation, disregard of press credentials. Women journalists were subjected to physical handling, dragging, detention and confinement while discharging their professional duties at the hands of police personnel.”
In the Supreme Court, at least 15 petitions have been filed highlighting the assault of protesters by the police.