Lucknow, Uttar Pradesh
Priyanka Gandhi Vadra, general secretary of All India Congress Committee, has been officially arrested today, October 5, after being detained for more than 33 hours at PAC guest house in Sitapur district of Uttar Pradesh, about 90 kilometres from the state capital Lucknow.
“Yesterday [October 4] at around 4:30 am when she [Priyanka Gandhi] was going to Lakhimpur Kheri we stopped her and took her to the PAC guest house keeping her security in mind. That morning, we also sent a CrPC report on 151/7/16 to her,” Hargaon station house officer (SHO) Brijesh Kumar Tripathi told Gaon Connection.
The arrest has been made under section 151 of the Criminal Procedure Code (CrPC) and 107/16. The section allows the arrest to prevent the commission of cognizable offences and security for keeping the peace.
Under section 151, a police officer may arrest, without orders from a magistrate and without a warrant, the person knowing of a design to commit any cognizable offence, if it appears to such officer that the commission of the offence cannot be otherwise prevented.
“There is a rumour that an FIR has been lodged against her. But that is not the case. As far as I know, she is still in PAC guest house,” the station house officer added.
The official went on to inform that along with Priyanka Gandhi Vadra, three other party members including Dipendra Hudda (MP from the Indian National Congress), Dhiraj Gujar (AICC National Secretary) and Ajay Kumar Lallu (President of the Uttar Pradesh Congress Committee) have been arrested.
On October 4, at about 5:30 in the morning, Priyanka Gandhi was detained by the Uttar Pradesh police in PAC guest house in Sitapur district. She was on her way to Lakhimpur Kheri, where eight people, including four farmers and a journalist Raman Kashyap, have died in the violence.
Arrest after more than 24 hours of detention
Priyanka Gandhi, along with other party members, was arrested at around 2pm today on October 5. “Priyanka Gandhi has been arrested while the culprit is roaming free,” Surendra Rajput, spokesperson Indian National Congress, told Gaon Connection.
The party spokesperson also pointed out that the Chhattisgarh Chief Minister Bhupesh Baghel was stopped at the Lucknow airport. “Our CM was stopped at the airport. He clearly said he wants to go to UPCC [Uttar Pradesh Congress Committee]. What does the government want to hide? Does the government want to protect culprits?” asked Rajput.
Detained for more than 24 hours
Today, October 5, in a video Priyanka Gandhi asked Prime Minister Narendra Modi why the person behind the killing of four farmers in Lakhimpur Kheri has not been arrested yet while she has been under detention for the past 28 hours without any order or FIR.
Following her detention, Priyanka Gandhi Vadra reportedly sat on a hunger strike yesterday. Congress party workers have been sitting outside the guest house, waiting for her release. Meanwhile, videos shared by the party workers show Gandhi is allegedly being kept under surveillance using drones.
According to lawyers and party workers, it isn’t legal to detain opposition leaders in captivity for more than 24 hours. “The rule is that they [those detained] have to be produced before the magistrate within 24 hours of being detained. It should also be informed under what provision you have been arrested or detained,” Rajni Soren, lawyer practicing in Chhattisgarh High Court for the past 12 years, told Gaon Connection.
By virtue of the Habeas Corpus writ, the Court directs the person so detained to be brought before it to examine the legality of his/her detention. If the Court concludes that the detention was unlawful, then it directs the person to be released ‘immediately’.
The party workers alleged that Priyanka Gandhi Vadra was detained for more than 30 hours at PAC guest house and this was illegal.
When inquired about the alleged ‘illegal’ activity, Hargaon SHO told Gaon Connection. “She is a VIP [Very important] person, a normal person is taken to the magistrate. Magistrate was already at the site.” SHO said that further action will be decided by senior officials.
