New Delhi, February 24 A Delhi court on Tuesday directed the police to provide a copy of the FIR to Uday Bhanu Chib, the president of the Indian Youth Congress, and other accused who were protesting at the AI Impact Summit, rejecting the police's claim that the case was "sensitive".
The court said that the allegations stemmed from a symbolic protest at Bharat Mandapam, which lacked the hallmarks of terrorism or insurgency, and therefore, 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.
The application stated that the non-supply of the FIR copy prejudiced their constitutional right to a defense.
The magistrate noted the reply from the investigating officer that the copy was not provided as it had been marked as "sensitive" by the Deputy Commissioner of Police of the New Delhi district.
He also cited a 2019 Supreme Court ruling.
"Section 230 (providing the accused with a copy of the police report and other documents) of the BNSS mandates that in cases initiated on a police report, a copy of the FIR must be provided to the accused. This provision ensures transparency and a fair trial, and is not discretionary but obligatory to enable an effective defense," the court said.
It stated that in the ruling cited by the IO, the apex court had directed that FIRs be uploaded on police websites within 24 hours, except for "sensitive" cases such as sexual offenses, insurgency, terrorism, and POCSO (Prostitution Abolition Act).
"However, mere categorization by the police is not conclusive; the court must examine the nature of the offense. Here, the allegations stem from a symbolic protest at Bharat Mandapam, which lacks the hallmarks of terrorism/insurgency. Therefore, it does not qualify as sensitive; the IO's claim is untenable," the court said.
It emphasized that denial of the FIR copy violated the statutory mandate under Section 230 of the BNSS and the constitutional safeguards under Article 21 (fair procedure) and Article 22 (prompt information on arrest grounds).
"The applicant cannot prepare a bail/defense without a foundational document, causing irreparable prejudice. Providing the copy poses no investigation risk, especially after transfer to the crime branch," the court said, directing the IO to provide a copy of the FIR to the accused.
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 the police four days of custody 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 taken away by security personnel present at the venue.
The Delhi Police has arrested eight IYC (Indian Youth Congress) workers, including its president Chib, in connection with the incident.
