India: student arbitrarily detained, held for 7 daysEvent
- Initial Date
- Apr 28, 2022
- Event Description
About the Human Rights Defender: Mr. Kamlesh Yadav is an activist based in Jagdishpur in Bhojpur district of Bihar. He is a state committee member of the All India Students Association. Mr. Yadav has organised and participated in numerous peaceful agitations, rallies and programmes on students’ issues, corruption, rights and entitlements of poor, marginalised sections of society and relief work during the COVID-19 pandemic.
Background of the Incident On April 3, 2021, a young boy was killed in a hit and run case in the Pichadi Bazar area of Jagdishpur. Mr. Kamlesh Yadav and residents of nearby villages participated in a peaceful road blockade after the accident, demanding compensation for the victim. The same day, an FIR (132/21) was registered against protestors at the Jagdishpur Police Station under Sections 147 (rioting), 148 (rioting with deadly weapon), 353 (Assault or criminal force to deter public servant from discharge of his duty) and 504 (Intentional insult with intent to provoke breach of the peace) of the Indian Penal Code. Although Mr. Yadav was named as an accused in the case, he was not questioned by the police during the next one year.
Details of the Incident: On April 28, 2022, close to midnight, a team of 15-20 uniformed armed police personnel from the Jagdishpur police station arrived at Mr. Kamlesh Yadav’s house in three official vehicles. They were led by SDPO, Jagdishpur Mr. Shyam Kishore Ranjan and included Sub Inspector Mr. Rajkishor Singh and Assistant Sub Inspector Mr. Ravi Kumar. The police surrounded the HRD’s house from all sides including the terraces of neighbouring buildings and demanded entry into the house. They told Mr. Yadav that he was required to accompany them to the police station, but did not provide any details about whether he was being arrested. They asked him to sit in one of the vehicles and took him to Jagdishpur police station, where he was detained overnight in the lockup without a detention memo. On the morning of April 29, 2022, the police informed Mr. Yadav that he had been arrested in FIR no. 132/ 2021, but they did not provide him access to a lawyer or allow him to inform his family. Furthermore, Mr. Yadav was handcuffed while taking him from the police station to Ara court, and while being taken to Ara jail, where he was remanded for seven days. On May 05, 2022, Mr. Yadav was released from prison on bail.
- Impact of Event
- (Arbitrary) Arrest and Detention
- Judicial Harassment
- Rights Concerned
- Freedom of assembly
- Freedom of expression
- Right to liberty and security
- Right to Protest
- Community-based HRD
Event shared by FORUM-ASIA member People's Watch
- Monitoring Status
- Event Location
- Event Location
- Summary for Publications
On 28 April 2022, Mr. Kamlesh Yadav, student, was arbitrarily picked up from his house by the police, and detained for a week upon court order on false charges for joining a peaceful protest in Jagdishpur, India.