New Delhi [India], February 24 : While directing Delhi Police to supply a copy of the FIR to the accused in the AI Summit protest case, the Patiala House court on Tuesday observed that mere categorisation of the case as a 'sensitive' by the police is not conclusive and the court must examine the nature of the offence.
"Here, allegations stem from a symbolic protest at Bharat Mandapam, lacking hallmarks of terrorism/insurgency. Thus, it does not qualify as sensitive; the Investigation Officer's claim is untenable," the court said.
The court further said that the denial of the FIR copy violates the statutory mandate under section 230 BNSS and constitutional safeguards under Article 21 (fair procedure) and Article 22 (prompt information on arrest grounds).
" Applicant cannot prepare bail/defence without a foundational document, causing irreparable prejudice. Supply poses no investigation risk, especially post-transfer to Crime Branch," Judicial Magistrate First Class (JMFC) Ravi said.
The court allowed the application and directed the Investigation officer / SHO furnish a copy of the FIR to the accused persons.
Judicial Magistrate First Class (JMFC) passed the order after considering the application moved on behalf of Udai Bhanu Chib and Ajay Kumar Vimal and the reply filed by the Delhi police.
The court said that it has passed the order to supply a copy of the FIR. For the supply of a copy of the remand application, the accsued has to file an application before the Chief Judicial Magistrate as the case has been transferred to the Delhi police crime branch.
Advocate Rupesh Singh Bhadauria moved an application on behalf of the accused person seeking the supply of a copy of the FIR and remand application. He submitted that despite the direction, the copy of the FIR has not been supplied to them. In this situation, it is impossible for them to defend their client.
Delhi Police filed a reply and opposed the application by submitting that the case is of a sensitive nature. Therefore, the copy can't be supplied to the accused persons.
During the hearing, Additional Public Prosecutor (APP) Atul Shrivastav submitted that, as per the decision of the Supreme Court in another case, it is mandatory to provide the information of the FIR. It is not necessary to supply a copy of the FIR.
During the day, the court remanded the President of the Indian Youth Congress for 4 days' police remand after his arrest in the AI Summit protest case.
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