Delhi Police Tells SC TMC Leaders Were Not Detained During Protests

Delhi Police told the Supreme Court that TMC leaders were not detained but removed from a protest site for violating Section 163 of the BNSS. The police requested the dismissal of the habeas corpus plea, stating it has become infructuous.

Delhi Police Response to Supreme Court

The Delhi Police has told the Supreme Court that Trinamool Congress (TMC) leaders Mamata Banerjee, Derek O’Brien and Dola Sen and others were not detained or arrested during the October 10 protests in Delhi, but were only removed from the protest site for allegedly violating directions issued under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

In a counter-affidavit filed in response to a plea by senior advocate Dr Maneka Guruswamy, Joint Commissioner of Police Surender Kumar said the petition had become infructuous as none of the respondents named in it was subjected to preventive detention or arrest.

Details of the Incident and Police Action

The police said Banerjee, O’Brien, Sen, TMC MP Pratima Mondal and others were found acting in breach of the directions issued under Section 163. They were informed about the directions by Additional Commissioner of Police Prateeksha Godara and Deputy Commissioner of Police Srishti Pandey, along with other police personnel.

The police said the leaders failed to comply with the directions and were therefore removed from South Avenue at around 2 pm and taken to Dwarka North Police Station. They were asked to sit in the chamber of the Station House Officer. The affidavit said the police maintained the dignity and respect due to the leaders and provided them basic amenities, including tea, coffee and food.

Release of the TMC Leaders

It said they were allowed to leave once the circumstances that had necessitated their removal had ceased to exist. The police said Banerjee, Sen and Mondal were informed at 5:50 pm that they were free to leave the police station. However, they chose to leave along with O’Brien and two other persons, Samirul Islam and Mohammed Nadimul Haque, who were permitted to leave at 6:05 pm. All of them subsequently left in their respective cars.

The police further said the plea was essentially in the nature of a habeas corpus petition and that the relief sought had already been addressed. It said the Section 163 order, non-compliance with which led to the removal of the individuals, had also been annexed to the affidavit. “The present petition has become infructuous, as none of the Respondents named in the petition was subjected to preventive detention or arrest,” the police said. The Delhi Police has accordingly urged the Supreme Court to dismiss the habeas corpus plea, saying that it no longer survives.

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