The Delhi Police has invoked Section 197 of the Bharatiya Nyaya Sanhita (BNS) against those arrested during the recent air quality index (AQI) protests at India Gate, a charge related to acts considered "prejudicial to national integration".
Officials confirmed that Police has invoked charges under 'imputations and assertions prejudicial to national integration' in one of the FIRs registered against a group of protesters who allegedly raised pro-Maoist slogans and used pepper spray on police personnel during an anti-pollution demonstration at the India Gate on Sunday.On Monday, the Delhi Police told a court here that the group of protesters arrested for allegedly using pepper spray on cops raised slogans hailing slain Maoist leader Madvi Hidma.
The police have registered two different FIRs -one at the Kartavya Path police station against six protesters and the other at the Sansad Marg police station against 17 people.Pertinently, Section 197 of the BNS also includes charges for disseminating false or misleading information that could endanger India's sovereignty, unity, integrity, or security. The provision carries a potential punishment of up to three years in prison, a fine, or both.
Police reports indicate the charge was added after some protesters allegedly displayed posters and raised slogans praising slain Maoist commander Madvi Hidma. The authorities view these actions as a serious escalation that went beyond a peaceful environmental protest and introduced an anti-national element.The demonstration was organized by the Delhi Coordination Committee for Clean Air to demand long-term solutions for the city's severe air pollution.
In addition to the BNS Section 197 charge, the arrested individuals face other charges under various provisions of the BNS, including
Assault or criminal force on police personnel (some allegedly used pepper spray).Obstructing public servants in the discharge of their duties, Disobedience to lawful orders of a public servant.
A total of 23 people were arrested on Sunday. Two separate FIRs have been registered—one at Kartavya Path Police Station, where six men were booked under BNS sections 74, 79, 115(2), 132, 221, 223, and 61(2); and another at Sansad Marg Police Station, which includes sections 223A, 132, 221, 121A, 126(2), and 3(5).
Five of the arrested protesters were produced before the Patiala House Court, which remanded them to two days of judicial custody and asked the police to submit video evidence. One detainee, who claims to be a minor, has been ordered to be placed in a safe house until age verification is completed.At least 22 individuals were arrested and have been remanded to judicial custody by a Delhi court. Defense lawyers have alleged custodial torture, which the court is also looking into.
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