India Gate violence: Four sent to police custody, phones to FSL for data retrieval

A lawyer representing the accused rejected the claims. “We are still waiting for the police to show us the evidence. They are making large claims with zero proof. They’re trying to frame students,” the lawyer said.

A Delhi court on Thursday remanded four persons in police custody for two days in connection with the November 23 protest against air pollution near India Gate that allegedly turned violent, ruling that custody was required but not for the full period sought by investigators.

Police conceded that “much of the phone evidence is no longer readily accessible” (HT photo)

“Considering the nature of allegations, the stage of investigation, recovery of digital devices and the need for confrontation, identity verification and device examination, this court finds police custody remand necessary, though not for the period requested,” judicial magistrate Sahil Monga said in the order.

Meanwhile, investigators have revealed that the seized phones of arrested students contained “auto-delete” features and formatted data, hampering access to media files and chats. “Many of the media files and chat logs are missing, which suggests an attempt to erase material before seizure. However, all devices have now been sent to the forensic science laboratory (FSL) to retrieve and reconstruct deleted content,” a senior police officer told Hindustan Times.

Investigators, in their remand plea, said “evidence has surfaced showing that the accused have expressed support for militant movements linked to Jharkhand and groups affiliated with Naxalite ideology”. Police cited a video recorded at the Press Club on November 14, accessed during the probe, where an accused was allegedly heard saying they “support the militant movement of Jharkhand”, with another present on the same stage.

“They were holding posters protesting the death of Naxalite leader Madvi Hidma and shouting a slogan that translates to, ‘The more you kill Hidma, the more Hidma will emerge from every home’,” police said. The plea added, “There is strong suspicion that the accused have deep-rooted links with anti-national Naxalite and militant movements. The extent of these associations is still being probed and must be unearthed in detail.”

Police further told the court that videos on X showed some accused attending the 50th anniversary of the Radical Students Union (RSU), a “banned Maoist-linked front organisation”, and participating in events “supporting Maoist figure Basavaraj, killed by security forces on May 21”. Investigators said several online videos also showed the accused raising slogans including “Lal Salaam”. “Footage from Parliament Street shows them blocking the police, confronting officers, holding sit-ins demanding the release of ‘comrades’, and even pushing or striking constables despite repeated warnings to disperse,” a probe officer said.

However, police conceded that “much of the phone evidence is no longer readily accessible.” “Many students had enabled an auto-delete setting or formatted their phones entirely. Media files and chat logs are missing, which indicates an attempt to remove incriminating material before seizure. All devices have now been sent to the forensic science laboratory (FSL) to retrieve deleted data and reconstruct media and messaging trails,” a senior officer said.

The bench took note of recoveries claimed by police, including “six unlabelled spray bottles seized from students near Parliament Street,” but court documents show no verified evidence yet that pepper spray was used on police. “We found that several students had supplied false addresses and withheld identity details, possibly to avoid verification. Some women accused, detained at night, allegedly resisted detention by pushing officers, shouting, throwing a printer, damaging ‘important files’, and breaking equipment inside the police station,” ACP Upasana Pandey, Nandgram circle, said.

“These four women provided false personal details and were unwilling to cooperate during night detention. They confronted officers, pushed them, threw a printer and broke it. They also damaged crucial files. These acts were directed at female staff, making the situation more hostile,” Pandey added.

A lawyer representing the accused rejected the claims. “We are still waiting for the police to show us the evidence. They are making large claims with zero proof. They’re trying to frame students,” the lawyer said.

Supporting investigations, the RBI told the court the earlier Ombudsman complaint was “not maintainable” as it was filed through an advocate “without approaching the regulated entity first.”

Student groups said the protest was “for clean air, not politics.” A Delhi University law student present during the party arrests said, “I saw my friend pinned to the ground and beaten — even inside the police station — but now the police is spinning terror links. We will seek bail for everyone tomorrow.”