The Delhi Police told a court on Thursday that Kapil Baisala, arrested for firing in the air in Shaheen Bagh during an anti-CAA protest, was associated with a political party and the agency needed to interrogate him to ascertain if the alleged incident was part of any “political conspiracy”.
The probe agency further told the court that Baisala did not do it in a rush of blood and it was a “well-thought-out” incident.
The submissions were made before Chief Metropolitan Magistrate Gurmohina Kaur who extended the police custody of Baisala by two days.
“I am of the opinion, two days further remand of accused Kapil Baisala is necessary at this stage for proper investigation of present case in order to identify supplier of alleged pistol and for purpose of further investigation of the case,” the judge said.
Police had said on February 4 that Baisala was a member of the Aam Aadmi Party and he and his father had joined the AAP in early 2019.
Additional Commissioner of Police Manoj Pant sought three days remand for custodial interrogation of Baisala on the ground that the accused was misleading the probe agency in locating the arms dealer and his laptop which has crucial evidence.
“He did not do it in a rush of blood. It was a well-thought-out incident. He raised slogans of “ Jai Shri Ram ” and “ hamare desh me aur kisi ki nahi chalegi , sirf Hinduon ki chalegi [only Hindus shall have a say in our country, no one else] to mislead everyone. He fired two rounds in the air. He had purchased 13 cartridges in total. He is also not giving us the location of the other cartridges,” the police said.
The police said Baisala belonged to a family which has a political history.
“Accused has revealed his association with a political party and investigation of any possible conspiracy in alleged incident required to be probed. Time and place of the incident clearly indicate use of firearms at that particular place [Shaheen Bagh] seems to be a part of a larger conspiracy.
“During investigation, it has emerged that accused has political ambitions and active in politics. He belongs to a family which has a political history. Accused is to be further interrogated as to whether the incident is part of any political conspiracy. Whole conspiracy behind this is to be unearthed,” the agency said in its reply submitted before the court.
It further said Baisala’s father and brother have also been issued notices twice by the police for interrogation but they failed to come.
“He is not giving the complete address of one Sachin Tiwari, who allegedly supplied arms to him. Tiwari is a resident of Bihar and he needs to be taken to Patna to locate and identify the arms dealer. He is misleading the probe agency.
“His father and brother have not joined the investigation and deliberately avoiding it. Their phones are switched off too. We need to interrogate his friends too... Accused has to be taken to his relatives residing in Greater Noida, Meerut in search of them and thereafter they will be subjected to joint interrogation with the accused,” the police said.
It said that further custody was required to confront Baisala with several chats, conversations, call records found in his phone.
“Data stored in the phone is voluminous and complete scrutiny will take more time,” it said.
Mr. Pant added that the accused was not giving the agency the passwords of his phone, his Facebook, Twitter, Instagram and TikTok accounts.
When the judge asked Baisala where the rest of the cartridges were, he claimed he used them in marriages before.
“I have given them the password. My phone was open. The police locked the Facebook account,” he said.
The police said the accused was associated with different groups on WhatsApp whose members were being identified at his instance.
“Some have been interrogated. Others need to join the investigation. They need to be interrogated at his presence... Call data records of Baisala’s mobile phone is being scrutinised and he need to be confronted with it.
“He also need to be confronted with frequent callers and other suspects being identified and examined. Some mobile numbers are switched off and some are also not available at their residence,” it said.
Advocate Akhil Rexwal, appearing for Baisala, vehemently opposed the police remand and said the accused has given all information to the police, including the mobile numbers of his father and brother.
“If they can’t locate him, it is not his fault. He is ready to cooperate with the police and join the investigation as and when called. He will give his laptop and all other materials required.
“This is a not a political issue. He himself had given to the police the form he filled when he joined AAP. He had joined the AAP long back. The police is harassing him,” the lawyer said.
The police had earlier told the court that investigation has revealed that his WhatsApp account was purposely deleted.
On February 1, Baisala had fired two rounds in the air in Shaheen Bagh, where an protest against the Citizenship (Amendment) Act is being held for over a month now.
