NLSIU alumni condemn police action against protesters, Shadan Farasat’s detention

The National Law School of India University (NLSIU) Alumni Association has condemned the police action against peaceful protesters across the country on Saturday, October 10, citing the detention and alleged physical manhandling of senior advocate Shadan Farasat and restrictions on lawyers seeking to provide legal assistance to detained protesters.

In a statement issued on Saturday, the alumni association described the police action as “arbitrary, illegal, and unconstitutional” and criticised what it called the denial of protesters’ basic constitutional and legal rights. The association said that more than 10,000 people had reportedly been detained across the country.

Shadan, an NLSIU alumnus from the 2006 batch, was detained by Delhi Police while attempting to intervene when police personnel were detaining another protester. Videos circulating on social media showed police personnel lifting him by his arms and legs and carrying him away, with his shirt torn during the incident. He was later released.

“What is particularly distressing about his detention is that he was detained while rushing to prevent the illegal detention of a peaceful protester,” the NLSIU Alumni Association said. It also expressed concern over the use of force against lawyers protesting near the Supreme Court and reports of lawyers being prevented from accessing detention centres.

“The legal framework of this country will break down if lawyers are prevented from aiding citizens in the exercise of their Fundamental Rights,” the statement said. It added that if a senior advocate could be subjected to arbitrary police action, it raised questions about the legal protection available to ordinary citizens.

The association referred to Article 19(1) of the Constitution, which guarantees the rights to freedom of speech and expression and to assemble peacefully and without arms, subject to reasonable restrictions. It also said access to legal aid and justice was a fundamental right under Article 21 and that lawyers had an obligation to assist people facing detention.

The association called for an impartial inquiry into alleged excessive use of force against civilians and lawyers, denial of access to justice, and what it described as a lack of proportionality in the handling of the protests.

The detentions came as the Cockroach Janta Party (CJP) prepared to hold a demonstration at Jantar Mantar in Delhi, demanding the resignation of Chief Election Commissioner Gyanesh Kumar over allegations of electoral irregularities and concerns about the Election Commission’s Special Intensive Revision (SIR) of electoral rolls. Delhi Police had denied permission for the proposed demonstration, citing inadequate notice, non-compliance with prescribed guidelines and public safety concerns. CJP founder Abhijeet Dipke had said the party would proceed with the protest despite the denial.

Several people were detained ahead of the proposed demonstration. These included YouTuber Dhruv Rathee, who was detained from his residence in Gurugram, CJP legal team head Ratna Singh, and Mehr Pasricha, head of the Citizens for Justice and Peace policy division, according to reports. Party leaders Abhijeet Dipke, Saurav Das and Ashutosh Ranka were also detained after arriving at Delhi airport.

Lawyers who gathered near the Supreme Court to protest the detentions were also stopped by police. Senior advocate Dinesh Dwivedi, who was among those detained, said a police officer had questioned him about why he was standing at the spot before calling other personnel to take him away.

“I said I am standing here because I have a right to stand here,” Dwivedi told reporters. He criticised the police action and urged members of the Bar not to be intimidated. “Come on, come in. Why should you be scared? Why should you run away?” he said.

Dwivedi also criticised the Chief Justice of India’s reported remarks during a hearing on Friday, questioning whether the comparison of protesters to a fly was appropriate. He alleged that the judiciary and the executive were acting in concert, saying, “They are part of the establishment. They are kind of toeing each other’s line.”

Delhi Police deployed large numbers of police and paramilitary personnel across the capital ahead of the proposed protest, with barricades and checks at key locations, border crossings and transport hubs. Police said the deployment was intended to maintain public order. Deputy Commissioner of Police Anant Mittal told IANS, “Our effort is to ensure that everything remains peaceful and law and order is maintained.”

The NLSIU alumni statement said the state could not arbitrarily detain people exercising their constitutional rights and called for scrutiny of the police response. “At the same time, we are concerned that if a Senior Advocate can be subject to arbitrary police action, what hope from the law can an ordinary citizen have?” it said.