As Mumbai Police continue registering criminal cases against students protesting the alleged NEET paper leak, a group of lawyers, including senior criminal advocate Satish Maneshinde, has stepped forward to provide free legal representation to those facing police action. The lawyers have also questioned the legality of the detentions and notices issued to students, with a legal challenge now set to be moved before the Bombay High Court.
Maneshinde Says Students Have Right to Representation, Offers Pro Bono Help
Speaking to The Free Press Journal, Maneshinde students are being detained but they alsi have a right to be represented. “Students are being detained and released after some time. Even the government is thinking about the welfare of the students,” he said, adding that he would provide legal assistance to students on a pro bono basis.
Advocate Sagar Devre, who represents two MBA entrance aspirants and is also acting on behalf of other affected students, alleged that criminal cases have been registered against hundreds of students. According to him, many students were detained for six to seven hours, including several minors.
Devre Claims FIRs Not Uploaded Within 24 Hours; Women Detained After 6 pm
Devre claimed that although FIRs are required to be uploaded online within 24 hours, they were not made available even after 48 hours. He also alleged that women students were kept at police stations after 6 pm and that several students received notices through late-night WhatsApp messages asking them to appear before the police.
A legal notice has been issued to the Shivaji Park, Mahim and other police stations, as well as the state home secretary, challenging the alleged detention of minors, the treatment of women students and police action against those who were peacefully protesting on July 20 in Dadar. The notice seeks copies of FIRs, notices issued under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), police records relating to the detentions, details of officers involved and records concerning minors and women. Section 35(3) requires police to issue a notice for appearance when immediate arrest is not necessary.
Eight Lawyers Extend Help; Kurane Alleges Violation of Fundamental Rights
Separately, a group of eight lawyers have reached out to students extending help. One of the advocates, Bhagyesha Kurane, alleged that police had violated the students' fundamental rights. She claimed students were receiving WhatsApp notices at 2 am or 3 am directing them to appear before police stations the next morning, despite Supreme Court rulings on service of notices. Kurane said she visited Shivaji Park and RAK Marg police stations where minors and women had been detained, but alleged she was denied access to students at RCF police station in Chembur.
On Thursday, the Bombay Bar Association passed a resolution expressing concern over reports of police action against students and reaffirmed that the right to peaceful protest is protected under Article 19 of the Constitution. Separately, 141 Bombay High Court lawyers urged the Mumbai Police Commissioner to withdraw prohibitory orders restricting peaceful demonstrations.
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