On Saturday, Cockroach Janata Party founder Abhijeet Deepke, co-convenors Ashutosh Ranka and Saurav Das were detained by the police on the flight at Delhi airport.
Posting a video, Deepke said, "You can see the direction the country is going. We are being detained in the flight itself, even Indira Gandhi had never done this. This is dictatorship, but we are not afraid of them."
Abhijeet Deepke told the policemen who came to take him into custody, "I am not afraid of you, we are ready for arrest."
Female policemen came forward to take Abhijeet, Saurav and Ashutosh into custody. On this, Deepke and his colleagues demanded to send male policemen.
This action was taken before the proposed protest of 'Cockroach Janata Party' (CJP) at Jantar Mantar in Delhi.
On Sunday, Cockroach Janata Party (CJP) founder Abhijeet Deepke, co-convenors Saurav Das and Ashutosh Ranka were released from police custody.
Delhi Police wrote in a post on
"On the condition of maintaining peace and good conduct, a security bond of Rs 50,000 was paid for a period of one year, after which the SEM court released him."
When Delhi Police detained Abhijeet Deepke and his associates inside the plane at India Gandhi International Airport in New Delhi, the video of this police action was shared by many people on social media.
According to a report in the English newspaper 'The Hindu', "Air India has sought clarification from the Bureau of Civil Aviation Security as to how the police were allowed inside the aircraft and why the concerned airlines were not informed about this matter."
Can the police enter the plane and detain someone? We spoke to former senior police officers to know the answer.
Former IPS officer Rajesh Kumar Pandey told BBC, "The law of the land says that the police or investigating agency can go anywhere within the Indian border and take action." They have such rights under BNS (Indian Judicial Code), BNSS (Indian Civil Defense Code) and BSA (Indian Evidence Act)."
He says, “We detain people from car, train or home. The flight is on Indian soil so it is no different in this matter."
Whereas former IPS officer Arun Kumar says, "If there are any international rules or any instructions at the local level, then that is a different matter. But if the matter is within India, the police can take action anywhere. There is no restriction for this."
He says, “Suppose the police get information that a crime may be committed, then the police cannot sit idle. Everything the police do is done in accordance with the law to prevent crime, apprehend a criminal, or in the interests of security."
For the security of airports and airlines in India, the Civil Aviation Ministry has notified 'Aircraft (Security) Rules-2023'. Whereas the Indian Aircraft Act 2024 tells about the distribution of work among different bodies.
Rule 22 of the Aircraft Security Rules states that flight passengers with a valid entry pass, visitors (with entry ticket) or with written permission from the Director General of the Bureau of Civil Aviation Security or the Central Government can enter the aerodrome.
A police officer, on condition of anonymity, told the English newspaper Hindustan Times that special passes were given to police officers on Saturday to enter the airport premises.
An airline official told Hindustan Times, “An aircraft is considered to be in flying condition from the time the aircraft doors are closed before take-off till the doors are opened after the aircraft is parked. During this time, the commanding pilot of the aircraft has supreme authority."
He further said that once the doors are opened, in serious cases any security agency can enter the aircraft.
Another issue being raised during the arrest of Abhijeet Deepke is whether the police can ask for the list of passengers of a flight from any airline.
Arun Kumar says, “The investigating agency can ask for such information anytime if needed. We have seen this in many cases. Be it a train or a flight, the police have made arrests in thousands of cases either inside the train or at the airport."
He says, “It is not necessary to file an FIR against anyone for this. Police can also ask for such information for preventive purposes."
Abhijeet Deepke also raised questions on the presence of women policemen inside the plane.
Rajesh Pandey says, "Police are not written as male or female in CrPC. From time to time, on the instructions of state governments, human rights organizations or courts, the presence of female police officers is maintained in many cases for the respect, safety and convenience of women."
"The action of the police or investigating agencies is in the larger interest of the society, to deal with any abnormal situation or to prevent crime. If a woman officer is investigating a case of dowry death, will she not arrest the male accused?"
Former IPS officer Arun Kumar says on this issue, "The law considers the police only as police in this matter - not men or women. If this starts happening, then the population of women in India is about 50 percent, while women police are only 13%, then how will the police work."
He says, "Any male or female police officer can arrest and interrogate anyone in connection with the investigation. In the case of women, if no female police officer is present at night, then the police has to explain the circumstances under which such action was taken."
