Prakash Yedhula (Lawyer) 20 November 2012

Letter by justice katju to maharashtra cm

A Letter to Maharashtra CM

To
The Chief Minister
Maharashtra

Dear Chief Minister,

I am forwarding an email I have received stating that a woman in Maharashtra has been arrested for protesting on Facebook against the shut down in Mumbai on the occasion of the death of Mr. Bal Thackeray.

It is alleged that she has been arrested for allegedly hurting religious sentiments.

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

Regards
Justice Katju

(Chairman, Press Council of India, and former Judge, Supreme Court of India)

Reply Follow

1 Replies

Tajobsindia (Senior Partner ) 20 November 2012

1. I fully endorse free speech spirit of the then Lordship behind such Letter.
2. The banana republic Complaint FIR as per media reports were lodged by Shiv Sainik Leader (local). The post 2.5 million people mourning question now arise is, will Shiv Saina Leader Uday ji will take responsibility of his local cadres' high handedness / insensitivity too and secondly will he take responsibility of millions of Mumbaikers who remained empty stomach from past 1-1/2 days on some un-spoken local dictate of Shi Saina to all natures of local shop owners to shut down shops even those of basic daily needs shops including medicine shops. For god sake which country we are living in and mind it, I sometimes am forced to believe what our Son In Law Robert Vadera sahib said about we the Indian people before his I & B Ministry aunty (the then I & B Minister Ambika Soni) of his cued him to delete his Tweeter A/c and Facebook a/c fearing expected backlash from aam aadami J

Also see how actively social media activists were working tirelessly in Mumbai compiling medical shops list / contact details which were open in Mumbai in past few days of "forced bund" at link https://hiyer.posterous.com/list-of-medical-shops-open-in-chembur-balthac

I live in Delhi and let us see when local police comes and arrest me on speaking above in 2 Lac members forum?

PS: Above besides the power of free speach guaranteed under COI, what suprised me is Ld. Prakash Sahib taking a position and publishing the then Lordship's Open Letter which I discovered as a rare (proposed) co-accused pointer for any legal actions cometh J J J