This story is from July 18, 2014

2 AAP supporters held for 'defaming' BJP, RSS

The poster war between Aam Aadmi Party and BJP reached Karkardooma court on Thursday when Delhi Police produced two AAP supporters arrested for allegedly disturbing communal harmony.
2 AAP supporters held for 'defaming' BJP, RSS
NEW DELHI: The poster war between Aam Aadmi Party and BJP reached Karkardooma court on Thursday when Delhi Police produced two AAP supporters arrested for allegedly disturbing communal harmony.
Metropolitan magistrate Achal Tyagi remanded the two in a day's police custody saying that prima facie the allegations a appear serious.
Police claimed Gaurav and Abid, the two accused, pasted banners/posters levelling communal charges against RSS and BJP and accused the duo of spreading hatred.
"After perusing the records and message which were being put up by way of hoardings and banners, it prima facie appears to be capable of creating enmity because of the language used," the magistrate observed while refusing relief to the two AAP volunteers.
Opposing police custody, advocate Rahul Mehra challenged the version of police and argued in court that innocents have been picked up by police. Mehra informed the court his clients were in fact called to the police station in Seemapuri and being law abiding citizens, they reported promptly. However, as soon as they landed in the station, they were arrested.
"While police claims they nabbed the accused from the spot call detail records of my clients show otherwise. Police claims they were putting up posters and a crowd gathered but there is nothing to substantiate their claim," Mehra contended.
Seeking two days' police custody of the accused, the prosecution maintained they were arrested from the spot caught putting up posters with certain messages which could promote enmity on the ground of religion and would disturb communal harmony. The police said their custody is needed to identify and seize the printing press from where these objectionable posters were printed.

But Mehra objected, arguing before the magistrate that police has already arrested a publisher in Okhla for the alleged crime and even set him free on bail from the police station itself. "The alleged offence of my clients is punishable with three years punishment. There are numerous SC judgments that say unless its a serious offence no arrest required if accused cooperating. Then why is custody required?" he contended.
However, the court granted one day custody of the accused, seeing some merit in the police allegation.
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