Tuesday, 27 November 2012

Congratulation Letter To Maharashtra CM

Dear Chief Minister,

This is just to congratulate you on your strong step in suspending the police officers who arrested the girl who put up an item on Facebook objecting to the shutdown in Mumbai on the death of Bal Thackeray, as well as the girl who supported her.

The Supreme Court (in the appeal coming from the judgment of the Kerala High Court ) and High Courts have repeatedly held that such Bandhs and shut downs are illegal as they paralyze the entire civic life in the city. Hence what the girls did was in accordance with the Supreme Court judgment. How then could their act be called illegal? In fact it was the policemen who arrested the girls who acted illegally and committed the criminal offences mentioned in sections 341 and 342 I.P.C.

        In the Nuremburg Trials the the Nazi war criminals took the plea that orders were orders, and they were only carrying out the orders of their superior Hitler. This plea was rejected by the International Tribunal, which held that such orders were illegal,and illegal orders should be disobeyed, and consequently those found guilty were hanged. 

If a policeman is issued an illegal order by his superior (whether political or police ) it is his duty to refuse to carry out such illegal order, otherwise he must be charged for a criminal offence, and  given harsh punishment. For instance, if a policeman is given an order by a superior to commit murder, dacoity or rape, he must not obey such order. It seems to me that the delinquent police officers who ordered the arrest of Shaheen and the other girl, and those who implemented this illegal order, succumbed to the pressure of the hundreds of hooligans who came to the police station. What kind of policemen are these who succumb to hooligans?

 You have therefore acted correctly in taking strong action in the matter.

   I am informed that in recent years hooligan gangs have flourished in Mumbai and other parts of Maharashtra, and they have terrorized people living in the state. Some of them profess a separatist ideology. In my opinion these should be crushed with an iron hand, and it is your duty, as the Chief Minister to do this, as Chanakya has advised in the Arthashastra, and Bheeshma Pitamah in his upadesh to Yudhishthir in the Shantiparva of Mahabharat.

  Regards
  Justice Katju

40 comments:

  1. Replies
    1. Dear Sir

      Your one letter to a newspaper killed more than 100 people... Please have a look into the matter and save us and our children, who are going to be without food in next few days...

      Sir, We are the employees with Song & Drama Division, Ministry of Information & Broadcasting, Government of India, and we are facing suspension since 6 months, our fault is that we opened the corruptions of Crores and 17 wrong appointments by our Director, L. R. Vishvanath, against whom more than 50 complaints of corruption and CVC inquiries are pending. We got support from a newspaper named NEWSHONE, but an Unconstitutional letter from your office refrain them to publish all corruption (copy of your notice and newspaper's reply is annexed with this mail).

      Sir, your notice snatched our support and that Director manipulatively got an order from the Minister of State, Min. of I&B (order is annexed and letter to the minister before passing that order is also annexed)...

      Sir, please help us we are not only afraid but loose our jobs and we have no other source for our bread butter...

      After your notice we lost all hopes, and how your office notice is illegal you may see the answer of that newspaper to your notice...

      Sir, Secretary and Joint Secretary today on saturday opened the ministry office and before leaving to Geneva preparing our death warrant, because they are running this corruption racket...

      Sir, now you are not justice for us but you are our GOD... Hajoor, Apko hamarey bachchon ka wasta ! and please dont support these corrupt people, minister is also unable to stop them, his illegal order is also annexed with this email...

      Sir all corruption documents are annexed with this email...

      Sir, please see this video to understand the nature of Joint Secretary https://www.youtube.com/watch?v=t9PtHZYXhrI & https://www.youtube.com/watch?v=CdW1n7WtAJk

      Sir, a hard copy of this email also sent to your home...

      regards

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  2. Shaheen-FB-Katju
    WHAT wrong Shaheen had done on FB that she was arrested. Again what wrong her friend Renu committed that both were booked for a criminal case under so many provisions of the law. Where the wisdom of the police had gone? I also make several notes/points on sever social sites and I may be arrested any time if my tweet is not liked by any other person. I do not write to be liked by others but to express my mind on a particular subject. If one writes against Hindus, Muslims, Christians or against any religion it does not mean that one is committing an offence under Sec. 295-A or Sec.505 (2) of the IPC or under any other law. If I do not find any thing right I have every write to say against any religion and if I say so it does not mean that my act in writing is deliberate and malicious act indented to outrage religious feelings of any class by insulting its religion or religious feelings or a statement creating or promoting enmity, hatred or ill-will between classes. Why Indians should be so sensitive regarding their religion? So far as question of defamation is concerned Sec. 499 and Sec. 500 of the IPC is also very clear and such statements do not make out a case for defamation. Why religion cannot be a subject of criticism. I had an opportunity to see OMG on TV and found much better presentation about superstitious and blind faith acts of people. People do not live for religion but fight for so called their faith in religion. We are not for religion but religion is for us. We are no body to fight for religion also. Recently a Hindu seer offered Rs. 5 lakhs to a person who might spit on the face of Ram Jethmalani. Did it befit the seer? It was a shameful act on his part. Shaheen had every right and she should exercise such right in future whenever she thinks fit. Her friend and any member on FB have also right to say like or dislike.

    In fact there was no law and order problem on the day of cremation of Bal Thackeray. Police of Mumbai deserves appreciation. Police might have committed mistake in registering a case against these two girls but it is just an error of judgment and not an act for which the concerned cops should be prosecuted under any sections of any law and in particular under Sec. 441 and 442 of the IPC. They did the act as public servants and are protected under Sec. 197 of the Cr. P.C. It was not correct for Katju to demand such prosecution of police officials.
    Did Press Council of India Chief Markandey Katju write his letter to the CM of Maharashtra in that capacity or in personal capacity was not known? Question is if he has written it in his official capacity he should take proper action and should not behave like Arun Kejriwal by only exposing one after another episode. If it was an official act perhaps it must be on record and what is the link between the incident and the official capacity should also be known. When a person is on the official post he seizes his personal capacity to opine on such issues otherwise the public and government servants may write any thing on any subject as they like in the name of freedom of speech.

    ReplyDelete
    Replies
    1. Because there is no limitation on the number of words one can write for free, idiots post long and meaningless comments.

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  3. Congratulations to Justice Katju as well the Hon. CM of Maharashtra. This kind of tough decisions will set the right precedence.

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  4. highly unbelievable that Katju has written this

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    Replies
    1. @Solitude:
      Yes, yes... it is you who wrote this, on Justice Katju's behalf.

      Delete
  5. Mr Katju,
    can you answer, what might have been the case if something had gone wrong with law & order situation in Mumbai? Then also you would have blamed Police, I guess.
    I agree that Police peronnel needs tobe trained for imposing few sections of IPC, but we the people should also must understand our limits at social networks. I expect much more from a legal expert from you at level of defining these laws in much precise & inclusive manner to respect the call of time, for which government has failed.

    -Venky

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    Replies
    1. Of course the police must be blamed if they cannot keep criminals under control. And they must be jailed if they jail the victim to save them from criminals.

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  6. Justice Katju is a very good man. My new Role Model.

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  7. Respected Justice Katju,

    Thankyou for making a difference. We hope this will serve as a wake up call to the entire Indian police. Very few join the service with a corrupt purpose and for the ones, who get corrupt because of system pressure above them, I hope will find strength to do otherwise through this action of yours.

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  8. Mr. Katju, Now Sena is calling for a Bandh in Palghar tomorrow. Despite knowing that it is illegal, can Police or CM stop this? U think there will be any upfront action taken? What role would CM be playing in this case or to that matter the courts? Will we see any other police staff getting transferred for allowing this Bandh tomorrow?

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  9. Shaheen 21 yrs old women arrested last week for facebook status row, today said in Times of India, Page.8, "The cops saved her from the mob by taking them away from her home or entire family would have become victim of mod fury, had she not been arrested by the police".
    There is always positive side of the story which we don't see; Arresting girls was in their highest interest at that point of time, as mob could have killed the entire family who were high in emotions and mob has no individual person, no soul & no religion.

    The suspended policemen should file an appeal in Bombay High Court against this illegal order of their suspension. Hope the Judges who hear the matter does not get prejudiced by this online campaign.

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    Replies
    1. quoting ur text,...nice side of story

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    2. There have been threats by fringe extremist groups from Pakistan on the life of the PM as well. When do you think is the right time for the police to arrest the PM?

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    3. the day you select a person as PM of your country.. he doesnt remain the common people of INDIA, the security and leverages he starts getting are far beyond your imagination....so use your mind and start thinking in correct way

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  10. "Shaheen 21 yrs old women arrested last week for facebook status row, today said in Times of India, Page.8, "The cops saved her from the mob by taking them away from her home or entire family would have become victim of mod fury, had she not been arrested by the police"."

    I just read the above one of the explanation of Police arrest of the girls. In these days of Corruption ,treachery and dubious policy, we shouldn't take something for granted and started following it blindly.

    Might be , this statement is true or it has been made by use of threatening.. the real story is always behind the scene in these days of inclined media....The best thing in this situation was " to stop the MOB "..... After all peoples of INDIA should who is the real "POLICE"

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  11. Every coin has two sides, in one way it is very true that had the cops not arrested the two girls the fanatic mob could have done anything to the two girls. The arrest of the girls some how assuaged the anger of mob may be saved the life of the girls.Some time we have to be practical in dealings of the situation all the time we cannot go by the rule, because mob do not have any identity, religion & soul.

    But the same time our police should be so equipped so that it can cope up with any kind situation created by mob for protecting the all the fundamental rights that our constitution, the supreme law of the land has given us.

    Anyway thanks to the Maharastra police that they did not booked any charge against justice katju for his blog "why I cant pay tribute to Thackeray"!!!!!

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    Replies
    1. The logic that police arrested those girls in apprehension that fanatic mob could have done anything is simply ridiculous. Arrest of those two girls only shows the intention of Maharashtra police to curb anything against Bal Thackeray and his goons. Why not a political leader is arrested for their safety when people protest against him/her.

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  12. Express respect for your fearless response when the entire nation is made to respect (by the press) a fanatic leader. I think eminent jurists such as J. Katju should initiate a revision of IPC, which seems to be partly outdated.

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  13. I love you sir. You have won my heart. You have restored my faith in Democracy. I am proud to be in a land where people such as you uphold the right to free speech and expression. Thank you from the bottom of my heart.

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  14. a gud exmaple for Indians

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  15. Good work Mr.Katju and i cant congratulate CM since he bowed for pressure not by himself !

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  16. Some body had earlier said that, these are accomodation arrests i.e. they were shown as arrested to assuage the mob and thereby saved there lives. They could have protected these girls without arresting them.
    Anyway Freedom of speech is fundamental right, granted to all of us by constitution. But some section of our populace are intolerant. We should work hard to sensitise these people but if they dont oblige then should be punished according to the law.

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  17. Justice Katju,

    I want to bring to your notice another recent incidence which disregards Indian citizen's freedom of speech that was reported in the Times of India just hours ago

    Youth detained for posting 'abusive' comments against Raj Thackeray on Facebook

    http://timesofindia.indiatimes.com/india/Youth-detained-for-posting-abusive-comments-against-Raj-Thackeray-on-Facebook/articleshow/17402645.cms

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  18. This is complicated... Reading the article and the comments i am totally confused whether to congratulate the Police for saving the Girls or to accuse them for arresting..

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    1. You are right, Josef. I agree with you. The police should have taken them to their protective custody without arrest and all that crap and escorted them home after the mobs dispersal. That action would have won police praise. The goons will not know the difference between an official arrest and protective custody !!!.

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    2. May God save invertebrate intelligent Indians. Are people charged with certain sections as Police have charged 2 girls, for "Protective Custody"? Excess Euphemism is dangerous to patriotic spirit, I suppose. In free India, why people are not free? 4 pillars are directly, executively and ultimately responsible for this. Regards to all.

      Delete
  19. I see entire episode as "Give and Take" barter trade, the popular modus operandi of different pillars of democracy. Chronological sequence of occurance : Balasaheb's death, call for bandh, questioning over facebook for appropriateness of bandh, arrest of facebook a/c writer, media and Respected Mr. Katju taking cognizance and appealing to CM, CM seeking IGP's report, Suspension of officers, transfer of concerned judge, (till now), (in future) back door entry of suspended officers and parallel upliftment of judge. This is my India.

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  20. Who says Moguls for 800 years and British for 200 years only suppressed voice of common man? What Indian leaders of all 4 democratic pillars are doing? Introspect with fact and figures and one will conclude scientifically the truth and nothing but absolute truth.

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  21. How many Indian leaders of all 4 democratic pillars(who claim to have power of vote)dare to wander around in night,anonymously and seek the truth? http://en.wikipedia.org/wiki/Management_by_wandering_around

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  22. उन पुलिस वालों की शहर में क़ानून व्यवस्था बनाए रखने की ज़िम्मेदारी थी और उन्होने फेसबुक पर कमेंट देख कर किसी अनहोने को टालने के लिए लड़की को हिरासत में लिया शायद उन्होने अपनी सीमा लाँघी हो लेकिन मीडिया को इसमें इतना हो हल्ला मचाने की क्या आवश्यकता थी ? उस लड़की को भी यह समझना चाहिए कि अगर वह अपने घर बैठ कर फेसबुक पर उल जलूल कमेंट कर सकती है तो सिर्फ़ कामटे ,करकरे , ओम्ब्ले और सालास्कर जैसे पुलिस वालों की वजह से जिन्होने २६/११ के हमलों में आतंकीयों की गोलियाँ सीने पर झेली . जब कामटे ,करकरे और सालास्कर ने हमलों की खबर सुनी तो उन्होने फ़ैसला लिया और वारदात वाली जगह जाने को तैयार हुए , उन्हें कोई उपर से ऑर्डर नहीं थे और न ही यह उनकी ड्यूटी का वक्त था , यह उनकी प्रोएक्टिवनेस थी , जहाँ सुरक्षा और क़ानून का सवाल आता है वहाँ पुलिसवाले हालत को काबू में करने के लिए ऐसे ही फ़ैसले लेते हैं .

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  23. we need someone with the will and exuberance of Sardar Patel to curb such separatist ideologists. Its time to pander and not ponder now!!!

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