Delhi Court Grants Bail to Students Arrested During Pollution Protest
Bail Granted to Students in Pollution Protest Case
A court in Delhi has approved bail for nine students who were detained during a demonstration against air pollution on November 23, according to reports from a local news outlet.
Over 20 students were taken into custody from locations including India Gate and Kartavya Path, as well as outside the Parliament Street police station following the protest.
Two first information reports (FIRs) were filed: one involving six individuals at the Kartavya Path police station and another concerning 17 individuals at the Parliament Street police station.
The initial charges included sections of the Bharatiya Nyaya Sanhita related to assault, obstructing public servants, and outraging women's modesty. On November 25, additional charges were added regarding actions prejudicial to national integration in the FIR at Kartavya Path.
The incident at the Parliament Street police station was associated with a reported altercation between the protesters and law enforcement, with all 17 individuals eventually receiving bail.
While eight were granted bail last week, the remaining nine received their bail on Tuesday.
The second FIR involved claims of pepper spray being used during the protest and alleged connections to Maoist groups, as reported.
The court has postponed its decision on the bail requests of six individuals involved in this case, with a ruling anticipated on Thursday.
In granting bail to the nine individuals at the Parliament Street police station, Judicial Magistrate First Class Sahil Monga stated that further detention was unnecessary since the investigation officer had not requested police custody.
Monga noted that the objections raised by the investigation officer were primarily related to the FIR at Kartavya Path, not the one at Parliament Street.
This second case included allegations of protests at India Gate, the recovery of pepper sprays, and the criminal backgrounds of certain individuals, which Monga indicated were not valid grounds to deny bail in the current FIR.
In the second case, being heard by Judicial Magistrate First Class Aridaman Singh Cheema, the students' lawyers contended that participation in WhatsApp groups organizing the protest was not a criminal act. They argued that the events at the protest site were beyond their control.
One lawyer remarked, “You can’t swim in two boats,” highlighting inconsistencies in the police's claims regarding pepper spray. Another attorney asserted that expressing anti-establishment sentiments is not a crime.
The police maintained that custody was necessary as the investigation was ongoing and noted that permission for the protest had not been obtained.
Previously, the police alleged that the accused had shown support for a banned organization on social media and had shared articles endorsing Maoist leader Madvi Hidma, who was killed in a confrontation with security forces on November 18.
The students faced accusations of using force against police officers and chanting pro-Maoist slogans during the protest at India Gate.
Some protesters reportedly used pepper spray against police while being removed from the area, and others allegedly displayed posters and shouted slogans in support of Hidma.
The November 23 protest was primarily organized by an environmental research and action group called Himkhand, along with the student organization Bhagat Singh Chatra Ekta Manch and the discussion forum Scientists for Society.
However, Scientists for Society clarified on November 24 that their participation was solely focused on pollution issues and that the protest was not the right venue to address Hidma’s death.