Provide Umar Khalid with FIR copy, other papers related to his arrest, court tells police

A Delhi court directed the city police to supply former JNU student leader Umar Khalid with a copy of the FIR lodged against him in connection with the north-east Delhi riots.

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The court was hearing a plea moved by Khalid, seeking copies of the FIR related to the Khajuri Khas violence case, remand application submitted for his police custody, the remand order and medical report, so as to know the grounds of his arrest.

During the hearing, the prosecution contended Khalid was informed about the grounds of his arrest and that if the documents were supplied to him at this stage, it would open a Pandora’s Box as he would keep on asking for one document after the other.

Khalid, who was first arrested on September 13 on charges of being part of the conspiracy behind the Delhi riots and lodged in judicial custody, was rearrested on October 1 in another riots case at the Khajuri Khas police station.

Chief metropolitan magistrate Purshottam Pathak also directed police to supply Khalid with the remand application and remand order of October 1 by which he was sent to three-day police custody as well as reports of the medical examination conducted while he was in police custody.

The court said no person can be detained without informing him of the grounds for his arrest.

Pathak said the remand application and remand order along with the medical reports did not contain any sensitive material which may not be disclosed.

In its order on October 20, the court said the Constitution stipulated that no police officer can arrest an individual without informing the grounds of his arrest and Article 22 of the Constitution guaranteed the fundamental right of protection against illegal arrest and detention.

It further said Section 50 of the Code of Criminal Procedure provided that every police officer with authority to arrest someone without warrant, must inform the person being arrested about the crime for which he is being arrested and other relevant grounds for the arrest.

Special public prosecutor Manoj Chaudhary, appearing for the police, opposed Khalid’s plea and said there was no provision in law to supply the documents before the court takes cognizance of charges.

But the court did not accept this and directed that the documents sought by Khalid be provided to him.