Devangana Kalita and Natasha Narwal- Pinjara Tod Members
Devangana Kalita and Natasha Narwal- Pinjara Tod Members|Twitter@SfiZhdc
Litigation News

Released on bail, Pinjra Tod members sent to 2 days police custody in another anti-CAA FIR: Police says "active in anti national activities"

Angelenne

A Delhi Court yesterday remanded two Pinjra Tod members, Natasha Narwal and Devangana Kalita to two days police custody in connection with an FIR registered for the Jafarabad anti-CAA sit-in protest which was held earlier this year.

(Natasha Narwal remand order)

(Natasha Narwal & anr - bail order)

The remand order was passed came within minutes of the two being released on bail in another FIR in connection with the protest.

Narwal and Kalita were arrested on May 23 by Delhi Police in FIR 48/2020 for the alleged commission of offences under Section 147, 186, 188, 353, 283, 341 and 34 IPC in connection with the Jafarabad anti-CAA protest.

This arrest was made after the two were interrogated at their residence in connection with another anti-CAA protest FIR, namely FIR 59/2020.

While seeking their remand in this FIR, the police argued that Narwhal and Kalita were "active in anti-national activities" and their custodial interrogation was necessary.

"active in anti-national activities" and their custodial interrogation was necessary
Delhi Police

Counsel for Narwal and Kalita opposed the remand on the ground that the charges were pressed in malafide and were not maintainable.

Asserting that the FIR was filed on February 24, 2020 and the accused had always cooperated with the investigation, counsel for Narwal and Kalita pressed for grant of bail.

After hearing the parties, the Court observed that the only non-bailable offence in the FIR was Section 353. However, prima facie, the offence of Section 353 was not made out, the Court said.

Facts of the case merely reveal that the accused were protesting against the NRC and CAA and accused did not indulge in any violence. Also, the accused have strong roots in the society and they are well educated.
Court

In view of the above and the COVID-19 pandemic, Duty Magistrate Ajeet Narayan opined that it was not inclined to remand Narwal and Kalita to police custody.

Narwal and Kalita were accordingly admitted on bail on certain conditions.

Soon after the bail order, Crime Branch, Delhi Police arrested Narwal and Kalita in FIR 50/2020.

FIR 50/2020 pertained to the alleged commission of offences under Sections 147, 148, 149, 186, 353, 283, 332, 333, 323, 307, 302, 427, 120B, 34, 188 IPC, Sections 25, 27 of Arms Act and Section 3, 4 of the PDPP Act.

Delhi Police claimed that Narwal and Kalita had disclosed their involvement in the FIR at hand and it was supported by the statement of a co-accused.

The Police subsequently moved an application seeking 14 days police remand of the two on the ground that they had to be interrogated at length to unearth the "conspiracy behind the incident" and establish the identity of the co-accused.

Counsel for Narwal and Kalita opposed the remand, arguing that the FIR was malicious.

After hearing the parties, the Court ordered,

Considering the facts and circumstances of the case and the initial stage of investigation, both the accused, Natasha Narwal and Devangana Kalita, are remanded to two days PC.

Narwal and Kalita will be produced before the Court next on May 26 on the expiry of their police remand.

Advocates Adit S Pujari, Tusharika Mattoo, Kunal Negi represented Narwal and Kalita.

Read the Orders:

Natasha Narwal remand order.pdf
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Natasha Narwal & anr - bail order.pdf
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