New Delhi: The Mumbai police on Monday filed a chargesheet against 36 persons involved in a protest at the Gateway of India after the attack on students at the Jawaharlal Nehru University on January 5, over unlawful assembly.
On Monday, the metropolitan magistrate granted bail to 29 of them, who were present before the court, after furnishing a personal bond, reported the Indian Express. The rest of those who have been named in the chargesheet have been sent notices to remain present.
The Mumbai police have also named activist Umar Khalid as being present at the site of the protest but he has not been named as an accused.
The chargesheet, which is nearly 80 pages long and was filed by the Colaba police, claims that people began to assemble holding candles at the Gateway of India around midnight on January 5 after reports of violence against students at JNU emerged late in the evening. The police said that the number of protesters rose to 400.
“The protesters were informed that they did not have permission to assemble and the designated place to protest was at Azad Maidan. This was ignored and the protest was continued at the spot,” the chargesheet said.
The chargesheet also said that the number of protesters increased to over 2,000 after various organisations extended their support to the demonstration. The protesters, according to the chargesheet, also raised slogans against the Citizenship (Amendment) Act, Delhi police, Akhil Bharatiya Vidyarthi Parishad (ABVP), Prime Minister Narendra Modi and Home Minister Amit Shah among others. Additionally, the police also cited evidence from 153 banners used in the protest, CCTV footage obtained from the Taj Hotel, photographs and videos taken by policemen and others during the agitation.
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The 36 persons have been charged with the same sections as mentioned in the FIR — Section 143 (member of an unlawful assembly), Section 149 (every member of an unlawful assembly guilty of offence committed in prosecution of common object) of the Indian Penal Code, Section 37 (3) of the Bombay Police Act, 1951, which allows the police to “prohibit any assembly or procession whenever and for so long as it considers such prohibition to be necessary for the preservation of the public order” and 135 of the Bombay Police Act, which allows arrest and punishment for violations of Section 37. The maximum punishment under these sections is up to one year imprisonment.
Lawyers Mihir Desai, Susan Abraham, Lara Jesani, Lokshahir Sambhaji Bhagat and students and activists, including Suvarna Salve, Bilal Khan and CPI leader Prakash Reddy have been named in the chargesheet among others.
“There were thousands including sitting ministers who had gathered in this democratic process which was called spontaneously to uphold constitutional values and rights. It is unfortunate that only a handful of students, lawyers and activists have been chosen and named in the chargesheet among all those who participated. We hope that the cases are withdrawn,” said Jesani.
A delegation of citizens, under the banner of ‘Hum Bharat Ke Log’, also met the Maharashtra home minister Anil Deshmukh in connection with the issue a few days back. The minister reportedly assured the delegation that all the criminal cases in connection with the anti-CAA, NPR, NRC protests and those concerning violence at JNU will be withdrawn by the government.
“We trust that all these criminal cases filed in connection with peaceful protest demonstrations held in the city to uphold the constitution will be closed at the earliest,” said activist Feroze Mithiborwala, who was among the 29 accused present at the court.
While the police had registered two FIRs – at Colaba and MRA Marg – for the protests held to condemn violence in JNU, the chargesheet in the second case has not been filed so far. The Mumbai police has also registered several cases across the city on charges of unlawful assembly against those protesting the Citizenship Amendment Act.
The next hearing in the case will be on March 23.