Cockroach Janata Party (CJP) activist Abhijeet Dipke, who was detained at the residence of NCP-SCP spokesperson Anish Gawande ahead of the “Tiranga” march on Friday, will be produced before the Special Executive Magistrate (SEM) court.
“Abhijeet is arrested & will be produced before SEM court. His location still unknown, lawyers haven’t met,” CJP’s legal head Ratna Singh posted on X early Saturday, adding that he will be produced before the court around 12 pm.
Dipke was detained by the Delhi Police on Friday while he was going to take part in ‘Lehra Do Tiranga’ yatra organised by the CJP at Connaught Place’s Central Park on Friday.
According to Bar and Bench, Dipke was detained under Section 126/170 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
pertains to the security for keeping peace, and Section 170 allows “arrest to prevent commission of cognisable offences.”
The Delhi Police issued two notices to Abhijeet Dipke, citing restrictions under Section 163 of BNN and a previous undertaking related to maintaining peace, according to PTI.
“We are placing you under preventive detention. Section 163 is in force in Connaught Place. You are being detained,” a police official said while informing Dipke about the detention.
Section 163 of the BNSS is a preventive provision invoked by law enforcement (replacing the former Section 144 of the CrPC) to maintain public order and prevent imminent threats or dangers.
Under, public gatherings or assemblies of five or more people, processions, demonstrations, picketing and dharnas are prohibited without prior written permission.
According to PTI, one of the two notices was issued by the New Delhi district under the Delhi Police Act, directing Dipke not to visit Central Park in view of the restrictions imposed under Section 163 of the BNSS.
The second notice was issued by the South-West Delhi district and referred to a previous preventive action involving Dipke, Ashutosh and Saurav, who were ahead of the October 10 protest against Chief Election Commissioner Gyanesh Kumar.
The notice referred to the bond that they should not disturb public peace for a period of one year.
A day after CJP leaders’ detention on October 10, the outfit’s legal head informed that the Executive Magistrate court released Abhijeet Dipke, on the condition: “no breach of peace for one year.” The Delhi Police said a “surety bond” of ₹50,000 was also signed.
