"Safeguard Under Section 41A CRPC Attracted": Mandeep Puniya Tells Delhi Court Viz. Judicial Custody

Accused Mandeep Puniya, professionally, a freelance journalist with Caravan Magazine, who was sent to 14-day judicial custody after his arrest by Delhi Police from Singhu Border on Saturday, filed a First Bail Application u/s 437 CrPC, which is listed for hearing today before the Metropolitan Magistrate at Rohini, Delhi.

Puniya in his application, moved through advocates Sarim Naved, Akram Khan and Kamran Javed before the Delhi Court contends that carrying out journalistic duties without carrying a press card can be no ground for a case or arrest when another journalist who was detained with him was released because he held his press card.

On the point of law, Puniya has informed the Magistrate at Rohini (Delhi) that the FIR filed against him is under s. 186, 353 & 332 of the IPC, in terms of which the max punishment is under 7 years, qualifying him with a safeguard under section 41A of CRPC.

In this context, Puniya has also cited the landmark judgment of Arunesh Kumar Vs. State of Bihar & Ors.

The accused has been charged for offences u/s 186 (obstructing any public servant while discharging public functions), 353 (Assault or criminal force to deter public servant from discharge of his duty) and 332 (Voluntarily causing hurt to deter public servant from his duty) r/w section 34 (Acts done by several persons in furtherance of common intention) of the Indian Penal Code,1860 for misbehaving with an official on duty at the protest site while covering the farmers' protest.

He filed his bail plea before the Metropolitan Magistrate, Akhil Malik, Karkardooma Court in which the Court sent Punia to judicial custody since the Investigating Officer (IO) was not present. The Court further directed the IO to file a formal response and ordered that the matter be listed before the appropriate Court on Monday. 

"IO to file formal reply forwarded through SHO. Put up before the concerned Court for 01.02.2021."

The accused in his application contends that "The offences in the FIR were not made out against him as the same was registered at around 1:21 A.M despite him being allegedly part of a scuffle around 6:40 P.M."

The bail application highlights a delay of seven hours in filing the FIR, should be considered significant when and both the complainant and alleged victim are police officers.

It has also been pointed out that the police did not give any information to Puniya's family members about FIR registration and his detention or possible arrest. When the accused's fellow journalists reached the police station to file a missing person complaint, the police gave some indication about his detention.

Hours before he was detained, Punia had gone live on Facebook, alleging that police had allowed men claiming to be locals to pelt the protesters at Singhu with stones on Friday.