The Bengaluru-based activities have come together in unison, signed the memorandum and submitted it to police officials on Monday alleging about the arrest of 21-year old activist, Disha Ravi, which was conducted via violation of the arrest protocols. The activists demanded for releasing a few documents, which comprises of arrest and search warrant, along with the transit remand copies of FIR, public witness to the arrest and also the police diary.
The activists revealed that Disha was not given the provision or opportunity to consult and be defended by a lawyer of her choice in New Delhi.
The memorandum added, “It is shocking that the Bangalore Police, which is the jurisdictional police, did not take any measures to ensure that she was allowed to contact her legal counsel before being transported to Delhi.”
Signed by a count of 70 people which also consists of advocates and activists, the memorandum cited that Disha was not produced before the nearest magistrate in Bengaluru but was directly transported to Delhi, thereby negating her right. The memorandum quoted an order issued from Delhi High Court for Sandeep Kumar vs State (NCT) of Delhi 2020 from the previous year which iterated about bringing an arrested person from a different state and producing him before a magistrate in own jurisdiction was “not in accordance with law”.
Citing the order issued by High Court, the memorandum stated, “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 is within 30 kilometers of the place of arrest 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 said the Delhi police have illegally arrested Disha and amid their proceedings, the Bengaluru police have, “not been able to adequately assert its authority over its jurisdiction.”
The memorandum was received by DCP (Central) M N Anuchet in the absence of the commissioner of police.
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