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Lawyers flag violation of norms in Disha arrest

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.