Sunday, 10 February 2013

Letter to Home Secretary regarding detention of Iftikhar Gilani

To
The Home Secretary,
Government of India.
New Delhi

Dear Sir,

I am forwarding to you an email I have received from Mr. Iftikhar Gilani, Asst. Editor DNA, who is a Government of India accredited journalist and former Vice President of the Press Association.

I have carefully perused the email he has sent me and I have also read the news item in the front page of today's The Hindu newspaper. They reveal great high handedness and outrageous behaviour by the Delhi policemen concerned in harrassing and tormenting Mr. Gilani and his family, including his small children. These were the undemocratic and abhorrent methods of the Gestapo during Nazi rule.

 If these allegations are correct, the concerned police officers, who committed these high-handed illegal acts, as well as those higher ups who were instrumental in ordering these shameful and odious acts are prime facie guilty of serious crimes under sections 341/342, as well as other provisions of the Indian Penal Code and are also guilty of gross and blatant abuse of their powers.

Hence, if the allegations in the email of Mr Gilani are correct, I call upon you to do the following acts within 48 hours :

(i) immediately charge sheet and place under suspension all police officers responsible for these high handed and illegal acts including those higher ups who gave the orders for them

(ii) immediately institute criminal proceedings against such officers under the relevant provisions of IPC and other statutes.

(iii) immediately sanction adequate and suitable compensation to Mr Gilani and his family and convey an apology to him

(iv) I am informed that Mr. Gilani is still being harassed and surveillance is being done on him and his family. This is a clear violation of the decision of the Supreme Court in Kharak Singh Vs State of UP and other  AIR 1963 S.C.1295,1964 SCR (1) 332, as well as violation of the right to privacy , which has been held to be part of Art 21 of the Constitution of India. Police surveillance seriously encroaches upon privacy of the petitioner and his fundamental rights under Art 21 vide 1999 (24) All Cr. R. 815 (817): 1999 (11).

 I may mention that in the Nuremburg Trials held in after the Second World War the Nazi War Criminals took the plea that orders are orders, and that they were only obeying the orders of their superior Hitler. This plea was rejected by the International Tribunal which held that those orders were illegal orders and hence should have been disobeyed. Consequently many of the accused were hanged.

 Hence all policemen in India are hereby warned that they should not carry out illegal orders of their superiors otherwise they will be charged for serious crimes, and if found guilty, severely punished.

   Justice Markandey Katju
Chairman, Press Council of India


Iftikhar Gilani's Email:
Sir,
Kindly peruse details of my case, as attached. 

Thanks and Regards
Iftikhar Gilani


32 comments:

  1. Justice Katju is right in recommending legal action against police, Govt to grant justice to Iftikhar Gilani.

    ReplyDelete
    Replies
    1. Iftekhar Gillani is separatist Gillani's son-in-law and himself an alleged sympathiser of militants!

      Delete
    2. You are lying. He has publicly and categorically distanced himself from his father-in-law's politics. This is public information. Please don't incite hate and condone illegal harassment of citizens of India.

      Delete
  2. The biggest threat to a civilised society, and a democracy, is when law-enforcers themselves turn into law-breakers. Justice Katju is right in demanding action against the errant persons, to uphold the rule of law.

    ReplyDelete
  3. Hope Justice Katju will follow up & pursue this case to deliver justice in the complaint of Iftikhar Gilani. Hope this must not be a just shooting off letter. Those who acted undemocratically should be fixed

    ReplyDelete
  4. Militancy, journalisn, common people of particular community is soft target fr govt in present political scenerio .. hope ur words r heard nd action take itr due course ..

    ReplyDelete
  5. syed mohammad raghib10 February 2013 at 18:58

    Justice Katju rightly written a very comprehensive letter which two very important thing...1..continue surveillance 2. Policemen should not carry illegal order of his/her senior...
    Otherwise they will be charge for serious crime....but sorry to say that these policemen hardly abide by rule of law...they are free looter as we saw them in Dhule riot and thousand of record against them..... Law is going weak and weak and citizen is loosing their faith in justice...

    ReplyDelete
  6. Thank you Justice Katju sb. This is great job to the nation to stop such non-sense activities by law enforcement agencies.You are really brave and deserve to be leader of journalist.

    ReplyDelete
  7. The most amazing thing that I noticed while reading the email reply is that Mr. Katju have demanded action within 48 hours. Giving a certain time limit is very important , as we see how cases have been piled up by every department in our country.

    ReplyDelete
  8. good strep sir---insaaf hi aman ko qaayam rakh sakta hai--
    sir ji ?kay kabhi babri masjid shaheed case ka faisla aayegaa-is gairkaanooni kaam karne waalo ko sazaa mil paayegi?

    ReplyDelete
  9. Thank you justice Katju for raising voice for the oppressed.

    ReplyDelete
  10. Thank you justice Katju for raising voice for the oppressed.

    ReplyDelete
  11. It is great to see that nearly everyone comes to defend the muslim minority.The govt for special treatment for them saying that they are poor,but why not all the poor without any cast,religion etc.Why do they forget the victims of their horrible actions like those burnt alive in the Godhra train but are all defending the muslims who burnt them and the muslims had to face the wrath of the peaceful hindus who retaliated and taught them a lesson.But they never learn a lesson;they forcefully ie due to violence made the poor manipuris flee from Pune and Bangalore where the population of this minority has increased in leaps and bounds.They even rioted at Azad Maidan in Mumbai and desecrated national monuments and nothing has happened to them.They have areas called chotta pakistan in Mumbai.It's not only in Mumbai but in every town in India.Some have the audacity to fly the pakistan flag and they get away with it.We have corrupt govt having sold the country.

    ReplyDelete
    Replies
    1. By making such charges against the entire Muslim community you are exhibiting racist traits and are unfit to be taken seriously. When you say that all Muslims are extremists and all Hindus are peaceful and retaliated rightfully to the violence by Muslims it shows that you have no capacity to think logically and are incapable of rationality. So it's pointless to respond to any of your comments.

      Delete
    2. Your community is NOT oppressed. Please travel to other countries and see the freedom Muslims get. You have a VERY vushy existence here, esp in Kashmir where your community has been responsible for butchering so many Kashmiri Pandits. From which angle are you oppressed??

      Delete
    3. I am not a racist and I am not blaming the entire community.I have many good fiends from your community and from many other communities.What incidents I have mentioned all are true,what is your answer --I am a racist!!You are not ready to accept the truth.right after the partition ,all the terrorist acts in India have never ever brought even one person to say that it was wrong.There has been tacit approval of most/all of you.Perhaps most are scared to speak out against it fearing that it would seem incorrect.It was only after 26/11 where a sizable numbers of muslims were killed in the attack that anyone of you condemned the attack.Be honest.

      Delete
  12. really you deserve two tight slaps. I am proud that I'm Muslim, more proud that I'm an India. nobody needs to prove anything to nerds and uneducated guys like you. get a life whiner.

    ReplyDelete
    Replies
    1. This comment has been removed by the author.

      Delete
    2. dont get angry . we appreciate ur intellect and healthy style of debating . plz dont slap him . he is uneducated . slapping on petty issues is against gandhian principles . its better that u share ur razor sharp intelligence with others instead . this lines speaks volumes of ur education . i really appreciate it " more proud that I'm an India "..no one called muslims traitors.. we recognise all patriot muslims like patriot hindus , patriot sikhs .. we have no forgptten shahnewaj khan 's bday . perhaps u forgot .. cant help buddy

      Delete
  13. why don't the hindu fanatics or nationalists educate themselves before opening their nation loving mouths??and which nation do they love? they only seem to be bothered with the swanky cars and "development" . if you were bothered about india you'd be bothered about the adivasis getting looted and raped and killed. if you were bothered you'd think about the injustice of violating the basic right of people over their own land. hell, if you were that intelligent you'd not fall into this nationalist bullshit in the first place. any politics of exclusion is a politics of hatred and is a politics that will lead to war. goes for muslims, hindus, sikhs etc. so well, why are we surprised?

    ReplyDelete
  14. thank u mr justice..KATJU Sb to reveal real fact..now a days policemen r biased against minority of India.they r under corrupt and communal people..wht wll be future of India if such ppl rule over it.all systems became corrupt.

    ReplyDelete
    Replies
    1. you can not say policemen, you may say "some of policemen".

      Delete
  15. Mr/Ms Anonymous...Pls come open and show your face, dont hide yourself?

    ReplyDelete
  16. You could definitely see your enthusiasm in the article
    you write. The arena hopes for more passionate writers like you who are not afraid to say
    how they believe. All the time follow your heart.


    Also visit my website; Haarausfall
    my website :: Haarausfall

    ReplyDelete
  17. I see you a ray of hope emerging out of scary darkness...I wish if I could find a better metaphor...
    Sir, may your journey towards purity and your quest for juistice be satisfied ultimately by the pristine spring of Islam, the religion of God of Krishna, Jesus,Moses, and Muhammad(pbut)...
    Believe me,you'll find all the answers to your questions and concerns intellectually and spritually satisfying once you'll start the journey with sincerity and courage only to know that the treasure that lay besides you was being searched elsewhere--ALCHEMIST!

    ReplyDelete
  18. The question that must we should ask unto us and find an answer is , "Was the former USSR worse than the Orwellian India?"

    ReplyDelete
  19. Flats in Noida
    Flats At Noida Extension

    There are some new residential projects at noida extension and NCR By Property Paradise Infratech Pvt.Ltd.located at greater Noida.

    ReplyDelete
  20. Substantially if entity to understand bustling this eleemosynary of stuffs and some communicator unswerving to the gastro and Geometry wars etc.It was so awful to fact to your bunk, Thanks a lot for spacing it. phoenix interior design | arizona interior design | scottsdale interior designer

    ReplyDelete
  21. Hi…
    Friend I am Ram Singh From India . I needed Escorts service . I am serach on Google . I am found the Nandani Gupta website . I hope so Nandani Gupta is the best Escorts service provider . Independent Delhi Escorts

    ReplyDelete
  22. I do stomach as honest with all of the ideas you've offered to your mark. They're extremely convincing and gift actually work. Ease, the posts are extremely con for novices. Could you satisfy gesticulate them a tiny from subsequent abstraction? Thanks to your spot. cheap jersey | jersey shop

    ReplyDelete