VakashaSThe corridor outside courtroom 241/245 here at Tis Hazari is packed.
Lawyers and relatives of those detained at #Daryaganj are waiting here for them to be presented in court, ready to make bail applications if required.
There is no exact clarity on how many detained are being brought here, and how many of them have been booked.
Lawyers were not allowed to enter the police station in the morning, not been given list of detainees or copy of FIR.
Earlier information indicated there were 15 detainees from #Daryaganj .
Senior advocate Rebecca John is here to represent the detainees, whenever they are produced before the judge.
#CAA_NRC_Protests BREAKING:
Advocates Mahmood Paracha and OP Bharti are here for #ChandraShekharAazad , who is also to be produced here at this courtroom at Tis Hazari shortly.
Police sources have told @[email protected] all the detainees, including #ChandraShekharAazad am will be produced by 3:30 pm here before Metropolitan Magistrate Kapil Kumar in courtroom 241 of Tis Hazari.
Medical examination of detainees is currently being conducted, we are told by police.
MM Kapil Kumar also says he expects the detainees from #Daryaganj to be brought in at 3:30 or so.
FIR registered re #CAA_NRC_Protests at #Daryaganj under following sections of the IPC:
147, 148 - rioting
149 - unlawful assembly
427, 436 - mischief
323 - hurt
186,332, 353 - offences re public servant
120B - conspiracy
34 - common intention
@[email protected]
More details from the FIR re #Daryaganj , specifically names #ChandraShekharAazad
Via @[email protected] for @[email protected]
Past 3:30 pm and the #Daryaganj detainees still haven't been produced.
At least 16 people apart from #ChandraShekharAazad have been arrested now.
Judge says if they are not produced by 4 pm, they will have to be brought before the duty magistrate.
[Context: Duty magistrates often avoid giving bail, saying the matter should be taken up the next day before the regular magistrate. Some lawyers are concerned that production of the detainees/arrested persons from #Daryaganj is to ensure they don't get bail today.]
You can follow updates about the #CAA_NRC_Protests across the country here @[email protected] 's live blog:
#Daryaganj Protesters BREAKING:
At court 337 of Tis Hazari, where the detainees from Daryaganj PS are about to be produced before the Duty Magistrate.
15 detainees from #DaryaganjProtest have been brought into the courtroom. As of now, #ChandrashekharAzad has NOT been brought here.
MM Arjinder Kaul is the Duty Magistrate today here at Tis Hazari. She has just arrived.
Rebecca John is here for the #DaryaganjProtest detainees.
#Daryaganj
Rebecca John says she is here to represent 15 people - not #ChandraShekharAazad who has still not been brought in.
She is opposing the police's request for 14 days' judicial custody.
She is also moving bail applications for all of them.
John says most offences in FIR are bailable, max punishment for most is 3 years.
Most serious offence is Section 436 IPC - mischief by fire or explosive damaging dwelling, place of worship. John says this is not borne out by facts here: only car set on fire. @[email protected]
John also says the Prevention of Damage to Public Property Act has been cited, which isn't justified here.
Most of the men are b/w ages of 22-25. Young carpenters etc, who went to mosque to pray
They don't know each other, so how is there 34 common intention.
@[email protected]
John also claims that one of the 15 produced here is a juvenile aged 15 years. Says he has proof onnhisn phone to show he is 25, when judge asks for ID - but phone with police.
Police insisted the detainee in question is 23 y/o.
@[email protected]
Police said they're investigating his age, will only be able to confirm after verifying.
John argues that Arnesh Kumar case guidelines of the Supreme Court say when punishment less than 7 years, bail should be granted.
Most offences here max punishment is 7 years, except offences which cannot be attracted like 436, so they should be given bail.
Judge retires to chamber to decide her order.
Judge Arjinder Kaur returns.
Lawyer for police claims there is an investigation into damage to public property, attacks on public servants. Need the men in custody to investigate.
John and others protest that even FIR only mentions car burnt, not public property.
@[email protected]
Judge Arjinder Kaur marks all the bail applications to be heard today by the Chief Metropolitan Magistrate Arul Verma here at Tis Hazari (courtroom 38).
Unclear if she is ordering remand at this point for the men detained at #Daryaganj.
#CAA_NRC_Protests
@[email protected]
Now Mahmood Paracha making submissions for #ChandraShekharAazad , on similar lines, including how FIR is talking about damage to public property, 436 IPC when only one private vehicle was set on fire.
Some confusion here at the court over #ChandraShekharAazad .
The Addl SHO has no idea where he is.
IO says he has been taken for a medical, will be produced before a Magistrate within 24 hours of his arrest, but can't say when exactly.
More confusion. Police claim Judge has passed an order remanding the 15 men arrested at #Daryaganj to judicial custody. Lawyers for the accused say no such order has been passed. They're all back in court 337 to get clarity.
#Daryaganj Arrests BREAKING:
CMM has also sent the bail applications for the 15 arrested from #Daryaganj back to the Duty Magistrate, Judge Arjinder Kaur, to hear them or refer to a apprpriate Magistrate as per procedure.
Senior advocate Rebecca John is back to argue for the accused. Waiting for Duty Magistrate to return.
Nobody knows where the 15 men (not including #ChandraShekharAazad ) are. Police took them out of the courtroom, now trying to find out whether they've been taken away from Tis Hazari. None of the OB vans have seen them depart yet.
#Daryaganj Arrests BREAKING:
Duty Magistrate Order: 2 days judicial custody for the 15 youths arrested (one alleged to be a minor).
Bail applications to be heard by MM in couet 241 on Monday, 23 December at 12 noon, when they are to be produced.
MORE DRAMA:
#ChandrashekharAzad to be produced before Duty Magistrate in Tis Hazari court 337 shortly.
Mahmood Paracha and his other lawyers have returned to the courtroom.
EVEN MORE DRAMA:
Turns out #ChandrashekharAzad has been taken to lockup. No news on when he'll be produced. Will probably have to be at a Magistrate's residence now.
FURTHER DRAMA:
#ChandrashekharAzad has been produced before Duty Magistrate Arjinder Kaur in court 8.
IN BLATANT VIOLATION OF THE LAW, THE POLICE REFUSED TO LET THE MEDIA INSIDE
We eventually made our way inside the court, where Judge Arjinder Kaur says she is ordering the bail hearing will be in camera. Paracha opposes this.
#ChandraShekharAazad
#Daryaganj
#CAA_NRC_Protests
@[email protected]
THIS IS A BLATANT VIOLATION OF THE CODE OF CRIMINAL PROCEDURE.
A BAIL HEARING UNDER THE CRPC CANNOT BE HELD IN CAMERA UNLESS IT IS PART OF A RAPE TRIAL (see section 327 CrPC below)
OTHER EXCEPTIONS EXIST UNDER SPECIAL LAWS ONLY.
No special laws in which in camera proceedings can be invoked are at play in this case.
The judge did not specify any reasons to make these proceedings in-camera.
This is arbitrary and does not appear to have any basis in law.
#ChandrashekharAzad
#Daryaganj
@[email protected]
BREAKING:
The judge has now given her order. Remand for 14 days judicial custody for #ChandrashekharAzad in connection with the #DaryaganjProtest .
Bail application dismissed as well.
#ChandrashekharAzad
#Daryaganj
#CAA_NRC_Protests
@[email protected]
#ChandrashekharAzad
#Daryaganj
#CAA_NRC_Protests
@[email protected]
Here's the order remanding him to 14 days judicial custody and denying him bail AND (without any reasons) designating the proceedings to take place in camera.
#ChandrashekharAzad
#Daryaganj
@[email protected]
#ChandrashekharAzad
#Daryaganj
@[email protected]
Here's the complaint several of us journalists presented to the judge in charge of the court against the way media personnel were treated by the authorities at Tis Hazari today.