India Gate protesters allege custodial violence as Delhi Police present different account

Several individuals arrested during a protest at India Gate–Kartavya Path in the national capital have alleged they were physically assaulted while in the custody of the Delhi Police. The accusations were formally submitted before a judge at the Patiala House Court on Monday.

The protesters were detained after raising slogans including “Madvi Hidma amar rahe” and displaying placards that read, “From Birsa Munda to Madvi Hidma, the struggle of our forests and environment will go on.” Madvi Hidma is a commander of the Maoist insurgency in India.

Allegations of violence in police booth



In their submissions to the court, multiple accused stated they were beaten inside a police booth following their detention. One protestor alleged he was hit on his “chest, back and stomach,” while another claimed the police “took us to a booth and beat us up.” The court noted that the protestors had visible injury marks, which they showed to the judge.

The medical legal certificate (MLC) of one individual was recorded by the court, detailing an injury on the neck. The police, however, contested this, maintaining that it was an old injury.

Police claim protestors were “fully prepared"



Countering the allegations, the Delhi Police presented a different account to the court. They stated that the protestors had arrived “fully prepared,” alleging the group used pepper spray on police personnel and shouted slogans supporting the slain Maoist leader.

“A protest was held over pollution, but participants were carrying posters of Maoist commander Madvi Hidma. When they tried to block the road, police intervened. The protesters then sprayed pepper spray on our personnel and attempted to attack them. They had come completely equipped. Legal action is underway," the Delhi Police said in court. According to the police, these events led to the arrest of 22 individuals and the filing of two separate First Information Reports (FIRs).

Lawyers decry handling of detainees



Advocate Vertika Mani, who is representing the protestors, strongly criticised the police’s conduct. She alleged that lawyers were denied access to the detainees and that the grounds for their arrest were not properly disclosed.

“We saw the situation ourselves. The protestors were injured; the girls’ clothes were torn and those who were protesting were in very bad condition. Even lawyers were not allowed to meet them, which is absolutely wrong,” Mani was cited by News18 as saying. She described the protestors as being in a “distressed state” when produced before the court.

She emphasised the need to address the trauma suffered by the accused, stating, “It was important for us to ensure that the children’s mental trauma and the torture they have suffered are addressed.”

Court sends six to judicial custody



The Patiala House Court has since sent all six accused in the case to judicial custody. Five individuals were remanded to regular judicial custody, while one person was moved to a safe house after claiming to be a juvenile.

Expressing relief at this development, Advocate Mani said, “We are very glad that they have now been sent to judicial custody, ensuring their safety.” The move to judicial custody typically places the individuals under the authority of the prison system rather than police holding cells, a change their legal counsel implied was crucial for their wellbeing.