New Delhi, Dec 2 (PTI) A Delhi court has acquitted former Delhi minister Rajender Pal Gautam, AAP MLA Durgesh Pathak and 36 others in a case of holding protest against rising petrol and diesel prices despite prohibitory orders in view of COVID-19 pandemic in September 2020.

Additional Chief Metropolitan Magistrate Vaibhav Mehta said the prosecution failed to prove beyond doubt whether the prohibition order was duly communicated to the protesters before they were detained and an FIR was registered.

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The prosecution also failed to prove that the accused persons were part of the illegal gathering and were present at the spot in violation of the prohibitory notification.

The court further observed that it could be reasonably believed that the accused persons were not aware of the notification prohibiting large gathering.

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“There is no proof showing that the accused persons were informed either by loudspeakers/ banners/ placards regarding imposition of the prohibition issued under Section 144 CrPC prohibiting large gatherings,” the court said.

According to police, on September 1, 2020 the accused persons had organised a protest in view of rising prices of petrol and diesel despite being explained that on account of spread of COVID-19 pandemic, such kind of gathering, protest, rally was not allowed.

Police also submitted that section 144 CrPC was in force in entire Delhi and such a gathering was not allowed, however, the accused disobeyed the order.

Therefore, an FIR under section 188 (Disobedience to order duly promulgated by public servant)/ 34 (common intention) of IPC was lodged.

In its judgment passed on November 25, the court noted that the prosecution did not place on record any evidence to prove the factum of communication of the prohibition order, and there was no videography or photographs placed on record in that regard.

“The prosecution has not placed on record anything to show that public address system was used by the police to give any warning to the public or to show that the persons who had gathered were apprised about the imposition of section 144 CrPC and in what mode and manner this was communicated,” it said.

The judge said that the videography would have not only shown that large number of crowd had gathered at the spot and helped ascertain their identity, but also would have shown that they were apprised properly about the imposition of Section 144 CrPC.

“Also the police officials failed to comply with the Standing Order 309 of the Delhi Police which enjoins that there should be a display banner indicating Section 144 CrPC. No photographs/ videography have been placed on record by the prosecution in this regard,” the judge said.

It is only after the assembly of persons do not respond after communication of the prohibition order that it can be termed as “unlawful”, the judge said.

The judge further noted that out of total 38 accused persons, eight were female, however, the prosecution has not mentioned a single female police official in the list of the witnesses to show that women protesters were detained.

In case there was no female police official present then the prosecution has failed to explain how the female protesters were detained and if so, by whom, the judge said.

“This court is of the view that there are material contradictions in the testimonies of the prosecution witnesses and there are serious lacunas in the investigation carried out by the police officials ignoring well laid down principles and legal precedents and the directions given by their own senior police officials,” the judge said.

He further said, “So, this court giving accused persons benefit of doubt is of the view that the prohibition order issued under section 144 CrPC was not validly communicated to the accused persons. For the reasons mentioned above, this court acquits all the accused persons.”

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)