The Delhi High Court on Tuesday pulled up the Delhi Police for prolonging the “illegal detention” of former AAP leader Yogendra Yadav and 83 volunteers of his Swaraj Abhiyan before they were released on the order of a special executive magistrate.
“When you have arrested late on the Monday night why they were not produced since morning (before the magistrate),” a Bench of justices Kailash Gambhir and PS Teji said.
In the mid of the hearing around 4:20 pm when the counsel appearing for Ministry of Home Affairs said all of them have been released, the Bench in its order noted “the prime concern was to release these people, which has been done.”
“Reserving the liberty to the petitioner, the petition is disposed of considering the fact that all the 83 people have been released.
“It is made clear that if any person is still under illegal detention of the local police, he/she be released forthwith,” the Bench added.
Former AAP leader and founder member of Swaraj Abhiyan Yogendra Yadav was arrested on Tuesday for violating the prohibitory orders while he was holding a protest and demanding adequate compensation for the farmers at Jantar Mantar.
High drama took place on Monday as Yadav was taken to Parliament Street Police Station and later got bail in the evening. Yadav, on the other hand, alleged that he and his men were brutally assaulted and manhandled by the policemen. However, Delhi Police Commissioner BS Bassi said that none of his members were manhandled and Yadav held the protest despite the prohibitory orders in New Delhi area due to the Independence Day. “We have always acted within the ambit of the law” Bassi added.
Yadav along with 83 protestors was detained around 1.30 am while they were trying to march towards the Race Course Road. They were all taken to the Parliament Street Police station and were kept in the “preventive arrest” for whole night. Around 5:30 am, they all were booked under the section 107 (action where breach of the peace or disturbance is apprehended) and 151 (arrest to prevent the commission of cognisable offences) of the Criminal Procedure Code (CrPC).
Terming his release as a “small victory” for the farmers’ of the country, Yadav said that all allegations against them have been quashed. “We did not intend to march towards Race Course road. Our plan was to stand with the plough at Jantar Mantar, as a symbolic protest, till August 15. Since when standing with plough has become a crime”, Yadav askedIJ
Claiming that they were brutally assaulted, Yogender Yadav, after being released, said “The term “excessive force” is a euphemism to denote what Delhi Police did with us. There are so many protests going on at Jantar Mantar even right now, so why was our protest considered so specialIJ”
Interestingly, Delhi Chief Minister Arvind Kejriwal came out in Yadav’s defence and tweeted, “I strongly condemn the treatment meted out to Yogendraji by Delhi Police. They were protesting peacefully. It is their fundamental right.” He further appealed to Home Minister Rajnath Singh to intervene in the matter and asked for a report regarding the issue.
The members of Swaraj Abhiyan were holding the ‘tractor rally’ demanding the adequate compensation for the farmers. Their rally culminated into a day-long protest at Jantar Mantar on Sunday, which was attended by farmers from many states like Punjab, Haryana, Uttar Pradesh and Maharashtra.