CJP leaders’ case: Which sections are invoked and what happens next
Delhi Police on October 19 transferred the trespassing case against two Cockroach Janta Party leaders to the Inter State Cell of the Crime Branch, shortly after a magistrate extended their judicial custody by two days.
The Connaught Place FIR invokes Sections 223A, 332 and 61(2) of the Bharatiya Nyaya Sanhita.
These relate to disobeying a public servant’s order, house-trespass and criminal conspiracy.
The Parliament Street FIR invokes sections on obstructing and assaulting public servants.
Judicial custody was extended until October 21.
The case was moved to the Crime Branch’s Inter State Cell.
The reports differ somewhat on whether the transfer came before or after the extension of custody, though most say it came shortly after.
The two leaders were produced before a newly appointed Special Executive Magistrate at the Mandir Marg police station on Monday and sent to judicial remand for two more days, according to ThePrint.
Onmanorama reports that the custody was extended until October 21 and that the magistrate rejected the sureties offered for their release.
According to that report, one surety’s photograph did not match the image on the Aadhaar card, and another surety’s documents lacked basic details, including parentage.
The party’s leaders were detained on October 13 after allegedly entering the Jantar Mantar area, and reports say they raised slogans against the Chief Election Commissioner and unfurled the national flag, according to ThePrint.
On October 14, a Special Executive Magistrate sent the two leaders to judicial custody, according to the same report.
Police allege that they trespassed through private premises to reach Jantar Mantar, which had been de-notified as a protest site a day earlier, and that they violated bonds requiring them to keep the peace.
Delhi Police allege that the protesters obstructed police personnel from discharging their duties, according to ThePrint.
Two FIRs are involved, according to ThePrint. The Connaught Place police station FIR invokes Sections 223A, 332 and 61(2) of the Bharatiya Nyaya Sanhita.
Section 223A deals with disobedience of an order promulgated by a public servant, Section 332 with house-trespass to commit an offence, and Section 61(2) with criminal conspiracy.
Barakhamba Road, New Delhi (file image), Wikimedia Commons, CC BY-SA 4.0
Reporting for Hindustan Hunt on news and stories from across India.
