The arrest of activist Disha Ravi was told after all the procedures were completed, said senior Bengaluru police officers. The Delhi police had informed the local police about the arrest through officials of Karnataka cyber-crime cell after the arrest was made, three senior officers told media agency HT.
On the contrary to this claim, Joint Commissioner, Cyber Cell, Delhi Police, Prem Nath in New Delhi in a media briefing said that Disha was arrested in the presence of her mother and local SHO and all the concerned procedures were followed.
However, the city police said that information about the arrest was passed to the local police and no officer was present during Ravi’s arrest.
Delhi police operation and Disha’s arrest has come under sharp scrutiny and legal experts. Senior advocate Vikas Pahwa stated that according to the Criminal Procedure Code the police must take the assistance of the local police if the accused is being arrested in another state and to produce the accused with the case diaries. “The Criminal Justice System requires every arrest to be judicially scrutinised at all levels. In this case, the Delhi Police has circumvented the law and violated the fundamental rights of the accused by depriving her even of legal assistance,” said Pahwa.
Another Bengaluru based lawyer Vinay Srinivasa said that a group of advocates have submitted a memorandum to the police, asking for an explanation of the errors committed during the arrest procedures and follow-up action by the police. Mr Srinivasa adds, “According to the guidelines provided by the Delhi High Court following a 2018 case, an officer should inform the concerned local police station of the purpose of his visit on arrival; the arrested person must be allowed to consult his lawyer before he/she is taken out of state, and the police officer must visit the local police station make an entry in the daily diary specifying the name and address of the person(s) being taken out of the state. Delhi police have violated all these HC guidelines.”
But some say the criteria were not violated, Former additional solicitor general and senior advocate Sidharth Luthra stated that under Article 22 of Constitution, without a warrant an arrest can be made and the basic requirement is to produce the accused before a judge within 24 hours. “A 2014 judgment by the Delhi high court in Sat Prakash’s case has also clarified this position in law. Besides, if there is a procedural irregularity in making an arrest, a subsequent order of remand can cure it as per the legal provisions,” he added.
Criminal lawyer MS Khan said that Disha Ravi’s arrest by Delhi police has no illegality as she was produced before the magistrate within 24 hours and with proper reasons custodial interrogation can be allowed by the judicial officer for a maximum period of 15 days.
NGO Campaign for Judicial Accountability and Reforms (CJAR) had issued a statement stating that Ravi should have been presented before the court in Bengaluru for getting transition remand as she had to be shifted to another state.
Notably, a legal assistance attorney was given to Disha by the Delhi court before she was sent to police custody for five days.
The statement by the NGO further added that the Delhi police had ridiculed the procedures established by law and stripped Disha Ravi of her right to life and liberty.
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“Such illegal actions by the Delhi Police would amount to kidnapping under the pretence of law,” it said.
However, a Delhi police officer on the condition of Disha’s arrest said that since the FIR was registered the police could arrest her. “In this case, disclosed cognisable offences. All procedures under the CrPC were followed and she was produced before the court of competent jurisdiction in Delhi within 24 hours.”