NEW DELHI: Former Supreme Court judge and Press Council chairman Justice Markandey Katju fired two emails of protest within hours of each other on Monday to the Maharashtra chief minister Prithviraj Chavan strongly condemning the arrest of two girls from Palghar town, located 87km north of Mumbai, for criticizing on Facebook the state "bandh" following Shiv Sena supremo Bal Thackeray's death. He has demanded action against those involved their arrest. The girls were released on bail later.
Katju wrote, "To my mind it is absurd to say that protesting against a bandh hurts religious sentiments. Under Article 19(1)(a) of our Constitution freedom of speech is a guaranteed fundamental right. We are living in a democracy, not a fascist dictatorship. In fact this arrest itself appears to be a criminal act since under sections 341 and 342 it is a crime to wrongfully arrest or wrongfully confine someone who has committed no crime."
"Hence if the facts reported are correct, I request you to immediately order the suspension, arrest, chargesheeting and criminal prosecution of the police personnel (however high they may be) who ordered as well as implemented the arrest of that woman, failing which I will deem it that you as Chief Minister are unable to run the state in a democratic manner as envisaged by the Constitution to which you have taken oath, and then the legal consequences will follow," he further wrote. The mail was also posted on his blog, Satyam Bruyat, late last afternoon.
When the CM did not reply to his email but only forwarded it to what appears to be an official, Katju responded with a second email which said, "Please realize that silence is not an option for you in the matter. Therefore, I once again request you to tell me, and through me the entire nation, why this arrest of a woman was made in Mumbai just for putting up an apparently innocuous material on the Facebook, and what action you have taken against the delinquent policemen and others involved in this high handedness and blatant misuse of state machinery."
The girl in question had on the weekend posted a status message that reportedly said, "People like Bal Thackeray are born and die daily and one should not observe a bandh for that." A friend "liked" this status update. Both were arrested. The two were later released on bail on Monday.
According to Shaheen Dhadha's (one of the arrested girls) defence lawyer, Sudhir Gupta, the FIR was filed against the girls at 9:00 pm on Sunday night. The complainant was one Bhushan Sankhe. Advocate Gupta says that the police had appeared at Shaheen Dhada's uncle's clinic at 7:15 in the evening, which was followed by 40-50 goons attacking the clinic around an hour later. He also remarked on the significance of the fact that the accused is a Muslim. "I was alerted of the girls' detention on Sunday night. The remand application was filed at 10:35 am on Monday morning," says Advocate Gupta.
He further said that the FIR filed against the girls was under 295 (A) of the IPC and 66 A of the IT Act. The defence counsel later argued in court that since there is no question of religious sentiment or political ideology in this case, 295 (A) does not apply. The girls were charged under 505 (2) of the IPC and 66 A of the IT Act.
Katju condemns arrest, fires emails to Maharashtra CM
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Katju condemns arrest, fires emails to Maharashtra CM
