Litigation News

Delhi Gate anti-CAA Protest: CMM directs Daryaganj SHO to let detained persons meet advocates, follow JJ Act for minors

Bar & Bench

Following the detention of several people from the anti-CAA protest at Delhi Gate, the Chief Metropolitan Magistrate, Central Delhi, Arul Varma has directed SHO PS Daryaganj to allow the detained persons to meet their advocates in terms of Section 41D CrPC.

"I have heard the counsel and i deem it fit to direct SHO PS Daryaagnj to allow the detainee to meet their advcates in terms if Section 41D CrPC.", the order which was passed late Friday night at CMM Varma's residence read.

The application was filed by Kirti Awasthi seeking directions to be issued to concerned police authorities to let their advocates meet the detained individuals.

The CMM was informed that certain individuals, including minors, were detained at Daryaganj Police Station. Advocates Adit S Pujari and Viren Bansal also submitted that some of the detainees were kept in detention in an injured condition and were in urgent need of medical aid.

Accordingly, the CMM ordered that the SHO shall provide the injured with necessary medical succour.

Lastly, it was stated that amongst the detainees, there are minors also, though, their exact numbers were unknown.

It further added that if there be any such minors or a child who is allegedly in conflict with law, he or she ought not to be detained in the first instance itself.

"Detention of minor in a police station is a flagrant violation of law. The law is well settled in this regard."

The CMM clarified that if there are minors, they shall be, in case the need arises, dealt with as per the provisions of the Juvenile Justice (Care & Protection of Children) Act, 2015 & Rules framed thereunder.

The Police detained several protestors from the Delhi Gate area after a car was set on fire near the Daryaganj police station.

Read the Order:

CMM Arul Verma Order.pdf
Preview

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