AI Summit protest: Delhi court orders supply of FIR copy to accused, rejects police's 'sensitive' case claim

New Delhi, Feb 24 (PTI) A Delhi court on Tuesday directed the police to supply a copy of the FIR to Indian Youth Congress president Uday Bhanu Chib and others accused of protesting at the AI Impact Summit, rejecting the police's claims that the case was "sensitive".

The court said the allegations stemmed from a symbolic protest at Bharat Mandapam, lacking hallmarks of terrorism or insurgency, and hence, it was not a "sensitive" case.

Judicial Magistrate Ravi was hearing a plea seeking the supply of a copy of the FIR along with the necessary documents to the accused persons.

The application said that the non-supply of the FIR copy prejudiced their constitutional rights to defence.

The magistrate noted the investigation officer’s reply that the copy was not supplied as it was marked as "sensitive" by the deputy commissioner of police of New Delhi district.

He said that the reply also cited a 2019 Supreme Court verdict.

“Section 230 (supply to accused copy of police report and other documents) of the BNSS mandates that in cases instituted on a police report, the copy of the FIR be furnished to the accused. This provision ensures transparency and fair trial, and is not discretionary but obligatory to enable effective defence,” the court said.

It said that in the verdict cited by the IO, the apex court had directed uploading of FIRs on police websites within 24 hours, except for "sensitive" cases like sexual offences, insurgency, terrorism, and POCSO.

“However, mere categorisation by police is not conclusive; the court must examine the nature of the offence. Here, allegations stem from a symbolic protest at Bharat Mandapam, lacking hallmarks of terrorism/insurgency. Thus, it does not qualify as sensitive; IO's claim is untenable,” the court said.

It underlined that denial of the FIR copy violated the statutory mandate under Section 230 of the BNSS and constitutional safeguards under Article 21 (fair procedure) and Article 22 (prompt information on arrest grounds).

“Applicant cannot prepare bail/defence without a foundational document, causing irreparable prejudice. Supply poses no investigation risk, especially post-transfer to the crime branch,” the court said, directing the IO to supply a copy of the FIR to the accused persons.

Earlier, the court sent Chib to four days of police custody in connection with the shirtless protest at the AI Impact Summit at Bharat Mandapam on February 20.

Judicial Magistrate Ravi allowed four days of custody to the police to question Chib, after the IO sought seven days of custodial interrogation.

Last Friday, a group of Congress youth wing workers held a dramatic shirtless protest at an exhibition hall during the AI Impact Summit, walking around holding T-shirts with slogans against the government and the India-US trade deal printed on them, before being whisked away by security personnel present at the venue.

The Delhi Police has arrested eight IYC workers, including its president Chib, in connection with the incident. PTI MNR MNR KVK KVK