Topics Covered: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
Lawyers flag violation of norms in Disha arrest:
Context:
Top lawyers have termed Bangalore-based climate activist Disha Ravi’s arrest “ab-initio-illegal”, meaning illegal from the beginning.
Background:
Disha was arrested for “editing” a tool-kit for organising farmers’ protest. Global climate leader, teenager Greta Thunberg, had forwarded the tool-kit online.
What’s the issue?
The arrest violated every legal and constitutional right of Disha, starting from her not being produced in court in Bangalore, where she was arrested, for a transit remand; to not being provided a legal counsel in Delhi, where she was remanded in police custody.
Rules and other provisions in this regard:
As per the lawyers, almost every due process of law was overlooked.
- It is stated that the Delhi Police did not follow any of the guidelines laid down by the Supreme Court in Arnesh Kumar v State of Bihar (2014).
- Section 80 of CrPC stipulates that the arrested person must be produced before the magistrate within the jurisdiction of arrest, which must be followed in every case.
- She also did not have an opportunity to seek legal counsel nor was one provided to her, in breach of Article 22.
Sources: the Hindu.
