Thursday, March 28, 2024

Rajasthan: Chandra Shekhar Azad released after two days in jail, activists say arrest was “illegal”

The court of an Executive Magistrate here on Monday ordered the release of Bhim Army chief Chandra Shekhar Azad, who was arrested from a hotel in the intervening night of July 1 and 2, after he spent two days in judicial custody.

Azad had reached Jaipur to support the protest called by Covid Health Assistants (CHA), who have been demanding regularisation of their jobs and was arrested along with 21 others under Section 151 of Criminal Procedure Code.

The People’s Union for Civil Liberties Rajasthan on Sunday condemned the “illegal arrest” of Bhim Army Chief Chandra Shekhar Azad and 21 others by the Jaipur Police.

“What was the urgency to arrest them in the middle of the night? The other 21 accused, all Dalits who were with Azad in the hotel, were also dragged out from their rooms, and all 22 were arrested under CrPC section 151,” read the PUCL statement by Kavita Srivastava, its national secretary, and other activists.

“Chandrashekhar Azad had come to support the struggle of the Covid Health Assistants, CHA. who were sitting on dharna demanding that they be regularised for the last two months. On the 1st evening before the arrest, the Bhim army workers had met the DCP Jaipur south, Mridul Kachhawa, and agreed that they would give up on the protest and rally of the 2nd July, but they would like to submit a Memorandum to the CM which the police could receive the on behalf of the CM, as the Bhim army were cognizant of the tense situation in the city and state,” read the statement.

“It is our understanding that the use of sec 151 CrPC the provision to arrest Mr. Azad, makes a mockery of the freedom of speech and expression. It is worth repeating that the police under Section 151 has the power to arrest, on ‘knowing of the design to commit any cognizable offense: Of which there was no evidence, instead, they were in a dialogue with the police. It is clear that the police are exercising their unbridled power of preventive detention and denying Mr. Azad his constitutional right to protest,” the statement further noted.

Azad and others were sent to judicial custody without following the due process, alleged the PUCL.

“The use of this executive power has no judicial safeguards in Jaipur, with the bail lying entirely within the police apparatus. The Executive Magistrate arbitrarily sent Azad to judicial custody without providing the accused any opportunity to be heard and bail application to be filed,” the organisation said.

The police have maintained that Azad was arrested as a preventive measure in view of prohibitory orders under Section 144 of Cr.P.C. being in force in the State following the murder of tailor Kanhaiya Lal in Udaipur.

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