'The sense of fear generated by indiscriminate and unwarranted filing of FIRs prevents people from exercising their fundamental rights; people go silent or give up the fight as the legal process is itself the punishment.'
A spate of punitive actions have been taken against those 'celebrating' either physically or on social media Pakistan's victory over India in the T20 World Cup match on October 24.
These actions, Supreme Court lawyer and former additional solicitor general of India Indira Jaising tells Rediff.com Senior Contributor Jyoti Punwani are examples of standing the law on its head to target Muslims. The concluding segment of a two-part interview:
The dismissal of a school teacher in Udaipur after arresting her under Sec 153B; and of a hospital technician in Jammu -- can these be challenged?
Without a doubt. But simultaneously the very filing of the FIR must he challenged.
Even otherwise the law is that they can be suspended during a criminal trial, not dismissed in this manner without a hearing.
The point is that the sense of fear generated by indiscriminate and unwarranted filing of FIRs prevents people from exercising their fundamental rights; people go silent or give up the fight as the legal process is itself the punishment.
In the case of the UP students, the college authorities had handled the situation, but the police still arrested the students because of protests from Hindutva groups.
Can the police over-ride the college authorities? Is there any protection for students from these groups? Can legal action be taken against the police for doing so?
A suggestion had been made in the past that before arresting any student, the consent of the college authorities must be obtained. But that suggestion has not found place in the law. Hence an arrest can be made without any reference to the college, as the offence is alleged to have taken place in the public domain or put out in the public domain.
But the point is to begin with there was no offence.
Four others in UP were arrested over their Facebook and WhatsApp posts, on complaints made by BJP and Hindu Jagran Manch members.
Yes it looks like decisions to prosecute are being outsourced to vigilante groups. This is what happens when you do not have an independent director of prosecution and you do not need to justify the decision to prosecute anyone.
This is the playing out of what Hindutva means.
There is a general disapproval of such celebrations specially when they include slogans of 'Pakistan Zindabad'. Some argue that Kashmiris studying outside Kashmir are beneficiaries of the PM scholarship and if they behave in this fashion, the scholarship should be withdrawn.
There can be no offence made out in shouting 'Pakistan Zindabad' by Indian citizens. There is no violence unleashed by these expressions of support for a Pakistani cricket team in India.
The rest is a matter of individual opinion with which the law is not concerned. Our joys and sorrows are own and no one can sit in judgment over them. It is only our overt acts or violence that can be criminalised.
Hence, the suggestion to withdraw scholarships is misplaced.
On May 31 this year, a three-judge bench of the Supreme Court said: 'We are of the view that the ambit and parameters of the provisions of Sections 124A, 153A and 505 of the Indian Penal Code would require interpretation, particularly in the context of the right of the electronic and print media to communicate news, information, even those that may be critical of the prevailing regime in any part of the nation.'
This case (where the Supreme Court gave protection to two Telugu TV channels charged with sedition by the Andhra Pradesh government) should be expeditiously heard so that there is clarity in the law and no one is unjustly charged with these offences.
Feature Presentation: Aslam Hunani/Rediff.com
