New Delhi: Cockroach Janta Party (CJP) activist Abhijeet Dipke, who was detained by Delhi Police ahead of the planned ‘Lehra Do Tiranga’ rally in the national capital, is scheduled to be produced before the Special Executive Magistrate (SEM) at Mandir Marg Police Station around noon on Saturday, October 17, his legal counsel said.
Advocate Ratna Singh, head of CJP’s legal affairs, confirmed the development in a post on X, saying: “He will be produced before SEM Mandir Marg PS around 12PM.”
Singh has questioned the legality of Dipke’s detention, alleging violations of due process and fundamental rights. She said his whereabouts had not been disclosed following his detention and that his lawyers had been unable to meet him.
In a separate post on X, Singh urged the SEM Court to release Dipke, arguing that he had merely called on people to unfurl the national flag.
“The SEM Court should release Abhijeet Dipke, as his arrest is unlawful. He merely urged people to unfurl the Tiranga — how can that by itself be a crime?” she wrote.
She also questioned the circumstances of his detention, alleging that he was picked up outside his residence without information about his whereabouts being provided to his lawyers.
Singh said Delhi Police could not carry out unlawful acts under the guise of preventive detention.
Delhi Police detained Dipke on Friday, October 16, ahead of the planned ‘Lehra Do Tiranga’ march at Central Park in Connaught Place. Police had imposed prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), restricting public gatherings in the area.
Police had served Dipke a notice stating that Connaught Place was not a designated protest site and that the New Delhi Municipal Council (NDMC) had not granted permission for the proposed Tiranga Yatra. The notice warned that organising the march or assembling a crowd could violate the restrictions in force.
During an interaction with police personnel at his residence, Dipke questioned the grounds for his detention and asked which law he had violated.
Police clarified that waving the national flag was not prohibited, but said an unauthorised procession or gathering in violation of prohibitory orders could invite legal action. They also referred to the provisions of the Flag Code concerning the respectful display of the Tricolour.
Delhi Police registered multiple first information reports (FIRs) on Saturday over alleged violations of prohibitory orders in Connaught Place and other parts of New Delhi during Friday’s protests, officials said.
According to police, announcements were made asking people not to assemble, but crowds gathered around Connaught Place despite the restrictions. Officials said action would be taken against repeat offenders.
The march was called by CJP for October 16. Aam Aadmi Party (AAP) workers and supporters also gathered for a Tiranga rally, directing their protest against the Election Commission over alleged irregularities in the electoral process.
Central Park remained closed amid heightened security, with heavy barricading and paramilitary personnel deployed in the area.
More than 150 demonstrators were detained during the protests, according to reports. All India Students’ Association (AISA) leader Neha Bora was also detained near Mandi House and was subsequently released, according to reports.
The latest preventive case against Dipke is separate from an earlier case in which he was detained on October 10 while travelling on a flight. In that case, he was required to execute a bond undertaking to maintain peace for one year.
The detentions come amid tensions following the arrest and judicial remand of two CJP co-convenors, Saurav Das and Ashutosh Ranka. They were sent to five days of judicial custody after allegedly entering Jantar Mantar and unfurling the national flag on October 13, a day after the designated protest site was de-notified.
The developments form part of continuing demonstrations by Opposition leaders, INDIA bloc parties, student organisations and activists against the Election Commission’s Special Intensive Revision (SIR) of electoral rolls and its handling of the electoral process.
Dipke’s appearance before the SEM is expected to provide further clarity on the preventive action taken against him. His lawyer has called for his release, while police have maintained their stance.
Singh raised concerns about the circumstances of Dipke’s detention, alleging that he was picked up outside his residence, his whereabouts were not disclosed and his lawyers had been unable to meet him.
“The manner in which he was picked up from right outside his residence, no information about his whereabouts, and the fact that even his lawyers have been unable to meet him raise serious concerns about due process and fundamental rights,” she said.
She questioned how such an alleged abuse of power could be justified in a democracy governed by the rule of law, adding that Delhi Police could not carry out unlawful acts under the guise of preventive detention.
Earlier on Saturday, Singh said Dipke would be produced before the Special Executive Magistrate at Mandir Marg Police Station at around noon.
“He will be produced before SEM Mandir Marg PS around 12PM,” she wrote in an earlier post on X.
Police subsequently took action against Dipke under Sections 126 and 170 of the BNSS in a fresh preventive case.
Meanwhile, Ajinkya Shinde, another key CJP member, alleged in a post on X that Ashutosh Ranka and Saurav Das had been under unlawful arrest for five days.
“Day 5 of illegal arrest of Ashu and Saurav. Waving Tiranga is not a crime!” Shinde wrote.
Actor Prakash Raj also criticised the police action in a video posted on X, questioning the detention of young people for holding the national flag and referring to the government’s ‘Har Ghar Tiranga’ campaign.
“You yourself had said: ‘Har Ghar Tiranga’. You only said, ‘Har Ghar Tiranga’ to show patriotism, to be a deshbhakt. Now the youth are holding the Tiranga, and you are arresting them, putting them into jail, detaining them, slapping cases on them... What is this confusion? Please have some clarity, because you said ‘Har Ghar Tiranga’,” Raj said.
Responding to allegations that the protests were aimed at bringing about regime change, Raj said political change should take place through democratic and constitutional means.
“But in this country, how do you bring about a regime change? How do you do a regime change? Through the Constitution, democratically! This is the country of Gandhi — with non-violence, through protests, by voting you down,” he said.
Raj also criticised the alleged use of force against young protesters and urged authorities to release those detained.
“Don’t do all this nonsense of hitting and all. It’s not good for you. An advice, just asking,” he said.
