Wednesday, 18 March 2015

Student arrested for Facebook Post


A class 11 student has been arrested for posting on facebook an alleged statement of Mr. Azam Khan, U.P. Minister.

I have perused the post. It is certainly objectionable, and Mr. Azam Kan has denied making such a statement.

The statement says " Secularism and love of nation is forbidden in Islam ". This is certainly objectionable, and is likely to incite communal feelings. Even if it has only been shared, that makes no difference. In a country with so much diversity as ours we must take care not to hurt the feelings of any community. To say that love of the  nation is forbidden in Islam is bound to hurt the feelings of Muslims, the vast majority of whom are as patriotic as the vast majority ofHindus.

 However, in my opinion, instead of arresting the boy the better course of action would have been for Mr. Azam Khan  to have denied issuing such a statement, and asked for removal of that post from facebook.

 It may be mentioned that arrest is not a must in every case where an F.I.R. of a cognizable offence is registered with the police. This is obvious from section 157 (1) Criminal Procedure Code. which reads :
"  157. Procedure for investigation
(1) If, from information received or otherwise, an officer in charge of a police station has reason to suspect the commission of an offence which he is empowered under section 156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the State Government may, by general or special order, prescribe in this behalf, to proceed, to the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the offender; "

The use of the words  "and, if necessary "  in the above provision clearly indicates that it is not incumbent on the police to arrest in every case, rather it is discretionary.

 In Joginder Kumar vs. State of U. P. A.I.R. 1994 S.C. 1349 ( see online ) the Supreme Court observed : " No arrest can be made because it is lawful for the police officer to do so. The existence of the power to arrest is one thing. The justification for the exercise of it is quite another.The police officer must be able to justify the arrest apart from his power to do so. Arrest and detention in police lock-up of a person can cause incalculable harm to the reputation and self-esteem of a person. No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person. It would be prudent for a police officer in the interest of protection of the constitutional rights of a citizen and perhaps in his own interest that no arrest should be made without a reasonable satisfaction reached after some investigation as to the genuineness and  bona fides of a complaint and a reasonable belief both as to  the person's complicity and even so as to the need to effect arrest.  Denying a person of his liberty is a serious matter. "

 Thus the Supreme Court has held that arrest is not a must in every case. In the same decision the Supreme Court has noted that the National Police Commission in its Third Report has observed that 60% arrests in India are unnecessary or unjustified, and that arrests are a major source of corruption in the police.

 In my opinion arrest was unnecessary in this case, and the boy should have been let off with a warning and told to remove the objectionable post.

10 comments:

  1. http://timesofindia.indiatimes.com/world/rest-of-world/Kim-Jong-uns-slave-army-UN-to-probe-claims-of-20000-North-Korean-bonded-labourers-shipped-around-the-world/articleshow/46613610.cms

    ALL LIES TO DEFAME NORTH KOREAN LEADER KIM JONG UN . . . .

    EVER HEARD OF WHITE SLAVES ? . . .

    MUCH BEFORE BLACK SLAVES AND BROWN INDENTURED INDIAN LABOUR SLAVES, THERE WERE WHITE IRISH SLAVES ( OF THE JEWS ) . . .

    punch into Google search - - -
    . . . .THE INDENTURED COOLIE, SLAVERY REINVENTED VADAKAYIL . . .

    .... . . . . .THE CHARGE OF THE LIGHT BRIGADE , EXHUMING TRUTHS VADAKAYIL . . . .

    . . . . . BLACK AFRICAN SLAVE TRADE AND THE JEWS VADAKAYIL . . . .

    capt ajit vadakayil
    ..

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  2. KATJU SAAB,

    CELEBRITIES RING UP THEIR FAVOURITE TOP POLICE OFFICERS , TO PUNISH PEOPLE WHO HAVE HUT THEIR EGO . .

    SEC 66A , IS ALL ABOUT EGO MASSAGE IN PUBLIC . .

    NONE OF THESE POLICE OFFICERS WHO CURRY FAVOUR WITH THESE CELEBRITIES KNOW THE " MAGISTRATE " RULE , NOR THE JUDGES OF THE LOWER COURTS WHO GIVE BAIL OR SEND THE ACCUSED TO UNDERTRIAL JAIL .

    JUST ONE FIR AND THE POLICE ARREST -WITHOUT THE NEED OF A MAGISTRATE RULING . .

    This is obvious from section 157 (1) Criminal Procedure Code. which reads :
    " 157. Procedure for investigation

    (1) If, from information received or otherwise, an officer in charge of a police station has reason to suspect the commission of an offence which he is empowered under section 156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the State Government may, by general or special order, prescribe in this behalf, to proceed, to the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the offender; "

    The use of the words "and, if necessary " in the above provision clearly indicates that it is not incumbent on the police to arrest in every case, rather it is discretionary.

    IT IS GOOD THAT YOUR BROUGHT THIS GLARING LOOPHOLE, TO THE LIMELIGHT . .

    EGO MASSAGE OF CELEBRITIES BY POLICE AND JUDICIARY MUST BE INVESTIGATED . OUR NATION IS GOING TO THE DOGS .

    HERE IS A SAMPLE CASE-

    http://ajitvadakayil.blogspot.in/2014/12/dissent-on-cyber-space-not-offence-modi.html

    capt ajit vadakayil
    ..

    ReplyDelete

  3. http://timesofindia.indiatimes.com/india/Day-after-boys-arrest-for-Facebook-post-on-Azam-Khan-parties-protest-police-excess/articleshow/46616335.cms

    CYBER LAW IT SEC 66A HAS BEEN REDUCED TO CELEBRITIES SHOWING THEIR CLOUT WITH TOP RANKING POLICE OFFICERS ---

    -- AND DEMANDING A PUBLIC EGO MASSAGE . . .

    THIS MUST STOP . . .

    punch into Google search - -
    . . . . . . . DISSENT ON CYBER SPACE NOT AN OFFENCE , MODI GOVT VADAKAYIL . . . . .

    capt ajit vadakayil
    ..

    ReplyDelete
  4. http://timesofindia.indiatimes.com/india/Collegium-system-to-pick-judges-is-completely-illegal-Centre/articleshow/46616067.cms . .

    FREEMASON JUDGES APPOINTING FREEMASON JUDGES - WE ALL KNOW . . . .

    IT IS THE INTERNET AGE . ..

    WE INDIANS WILL NOT ALLOW OUR PILLAR OF JUDICIARY TO BE CONTROLLED FROM ABROAD BY ZIONIST BIG BROTHER . . .

    - -IN AS MUCH AS THE PILLAR OF JUDICIARY ( IN CAHOOTS WITH THE PILLAR OF BENAMI DESH DROHI MEDIA ) INTERFERES WITH THE PILLAR OF ELECTED EXECUTIVE/ LEGISLATURE IN A DESH DROHI MANNER . .

    RECENTLY WE HAD JUDICIARY OVER RULING OUR NATIONAL SECURITY AGENCIES LIKE RAW / IB / CBI IN THE PRIYA PILLAI GREEN PEACE FOREIGN FUNDED TROJAN HORSE NGO CASE . . .

    WHO IS OUR SO CALLED EMINENT JUDICIARY ? . .

    ARE THEY NOT UNSUCCESSFUL EX-LAWYERS, WHO ARE PROFICIENT IN LYING AND WHEELING / DEALING ? . .

    HOW MANY OF THESE LAWYERS SCORED GOOD MARKS IN SCHOOL ? . . .

    THEY WERE THE BOTTOM OF THE CEREBRAL BARREL, RIGHT - HOW MANY OF THEM HAD THE BRAINS TO GET INTO IIT OR IIM ? . .

    WILL SUCCESSFUL RAM JETHMALANI EVER BECOME A JUDGE ? . .

    IT IS HIGH TIME WE GOT THE JURY SYSTEM BACK , WHICH WAS ABOLISHED AFTER THE HIJACKED HIGH PROFILE PARSI NAVAL COMMANDER NANAVATI CASE -- WHO KILLED HIS WHITE WIFEs SECRET LOVER . . .

    Why is the Indian judiciary allowed to issue FIATS to the elected executive pillar , to either bring a law into force or restrain it from doing so . . .

    we had our supreme court giving a FIAT to the elected govt to INTERLINK INDIAN RIVERS and destroy the nation irreversibly . .

    JUDICIARY IS JUST ONE PILLAR AMONG FOUR IN OUR DEMOCRACY . THE MAIN STREAM MEDIA IS NO LONGER A PILLAR , AS THEY ARE BENAMI AND DESH DROHI . .

    punch into Google search - - -
    . . . . MEANING OF THE TERM SUB JUDICE VADAKAYIL . . . .

    . . . . . INTERLINKING RIVERS OF INDIA VADAKAYIL . . . . . .

    capt ajit vadakayil
    ..

    ReplyDelete

  5. STOP PRESS:

    the white invader have shown us FAKE sanskrit verses and poison injected history to prove that--

    shiva eats dead men in the cremation grounds
    http://ajitvadakayil.blogspot.in/2014/09/aghoris-corpse-eaters-of-india-capt.html

    our ancient queens fornicated with the dead horse's prick after the ashwamedha yagna
    http://ajitvadakayil.blogspot.in/2014/09/ashwamedha-yagam-bloodless-sacrifice.html

    that our temples did human / animal sacrifice
    http://ajitvadakayil.blogspot.in/2014/11/all-animal-sacrifices-in-hindu-temples.html

    that our devadasis were whores who serviced pujaris and devotees coming to the temple
    http://ajitvadakayil.blogspot.in/2014/02/devadasi-system-immoral-lie-of-temple.html

    that kamasutra was all about deviant sex
    http://ajitvadakayil.blogspot.in/2014/07/kamasutra-by-vatsayana-immoral-sexual.html

    that maharishi manu was world's no 1 racist
    http://ajitvadakayil.blogspot.in/2012/08/cnn-ibn-poll-greatest-indian-since.html

    that hindus sexually abused the devi goddess so that she gets angry and develops more powers.
    http://ajitvadakayil.blogspot.in/2013/03/kodungallur-bharani-festival-capt-ajit.html

    that gandhi charkha ghumaake humko aazadi dilwaya
    http://ajitvadakayil.blogspot.in/2012/09/mahatma-gandhi-re-writing-indian.html

    that krishna had a mistress outside marriage named radha

    that krishna was a sex maniac who screwed 16000 bhargen - nay - virgin damsels

    that rama was a cruel and paranaoid man who kicked his pregnant wife into the forest

    that shiva was a chakka transgender

    that shiva was a sexual pervert who walked around deodhar forest with an erect prick

    that the wives of saptarishis ( gotra ) screwed around with shiva

    that brahma/ vishnu/ shiva held competitions and cheated each other to show who is stronger .
    http://ajitvadakayil.blogspot.in/2013/05/dvaita-vedanta-of-sanatana-dharma-or.html

    that england was a bigger country than india
    http://ajitvadakayil.blogspot.in/2011/01/country-size-racist-conspiracy-capt.html

    that shiva lingam was a stone prick inserted into a yoni vagina
    http://ajitvadakayil.blogspot.in/2012/05/lord-shiva-shivalingam-dance-of-shiva.html

    that hindusim is a very recent religion

    that hindus worshipped 330 million ridiculous deities

    that so many back dated DASAS , mutts and reformers tried to uplift the evil thinking hindus

    that all ancient scripture stalwarts were evil people

    that evil mind of chanakya represented the evil and slimy hindu
    http://ajitvadakayil.blogspot.in/2014/08/chanakya-taxila-university-professor.html

    hindusim created the evil swastika symbol
    http://ajitvadakayil.blogspot.in/2011/02/swastika-symbol-capt-ajit-vadakayil.html

    that the star of david is the jewish symbol - shiva - shakti merging triangles
    http://ajitvadakayil.blogspot.in/2014/07/saundarya-lahari-by-adi-shankaracharya.html

    that stupid indians thought world is flat and sun goes around earth - when aryabhatta wrote it is round and earth goes around sun in 2700 BC
    http://ajitvadakayil.blogspot.in/2012/06/heliocentricity-versus-geocentricity.html

    that ganges water is dirty water which gives cholera and typhoid
    http://ajitvadakayil.blogspot.in/2014/06/ganga-manthan-cleaning-of-river-ganges.html

    that saraswati river and ancient saraswati civilization never existed
    http://ajitvadakayil.blogspot.in/2011/01/mother-of-all-civilisations-saraswati.html

    that OM was to call cows -while they lifted SHALOM and AMEN
    http://ajitvadakayil.blogspot.in/2011/07/om-aum-sound-of-zpf-cymatics-sound-of.html

    that indians had no inventions / discoveries till the white man invaded-while actually it was the other way around.


    http://ajitvadakayil.blogspot.in/2014/12/we-are-hindus-we-are-indians-we-are.html

    CONTINUED TO 2-

    ReplyDelete
    Replies
    1. CONTINUED FROM 1-

      that our humped cows are useless
      http://ajitvadakayil.blogspot.in/2013/07/nutritious-a1-milk-of-vedic-cows-with.html

      that our vedic grains were useless
      http://ajitvadakayil.blogspot.in/2012/05/monsanto-and-farmer-suicides-in-india.html

      that re-incarnation was a useless concept- while they did past life regression on the quiet.
      http://ajitvadakayil.blogspot.in/2012/11/rip-impossible-with-burial-world-is.html

      that hindus copied DHAMMA concept from buddhists .
      http://ajitvadakayil.blogspot.in/2013/06/dharma-in-hinduism-core-values-of.html

      that virgin coconut oil we use is the worst veg oil- and GM canola oil is the best
      http://ajitvadakayil.blogspot.in/2012/08/coconut-oil-is-good-for-cooking-ignore.html

      that indians are evil--while we have the lowest rape/ crime/ homosexual/ divorce percentage
      http://ajitvadakayil.blogspot.in/2013/12/ipc-section-377-love-lust-perversion.html

      that there was NO inquisition in india
      http://ajitvadakayil.blogspot.in/2010/12/portuguese-inquisition-in-goa-and.html

      ancient Indians copied surgery/ medicine from greeks
      http://ajitvadakayil.blogspot.in/2011/02/fathers-of-surgery-and-medicine-4200-bc.html

      that indentured coolie slaves went on their own accord - without deliberately induced famine
      http://ajitvadakayil.blogspot.in/2010/04/indentured-coolie-slavery-reinvented.html

      King alexander defeated Porus
      http://ajitvadakayil.blogspot.in/2010/05/alexander-great-and-king-porus-hidden.html

      Indian soldiers did NOT fight in WW1 and WW2- but were just coolies – loading up mules / donkeys.
      http://ajitvadakayil.blogspot.in/2013/02/the-indian-navy-mutiny-of-1946-only-war.html

      Indian gurukul system was useless
      http://ajitvadakayil.blogspot.in/2014/10/shravana-manana-nididhyasana-way-of.html

      Shiva was an illiterate tribal –as told by amish tripathi
      http://ajitvadakayil.blogspot.in/2014/01/lord-shiva-as-first-guru-dakshinamurthy.html

      Shiva danced in graveyards beating his drum
      http://ajitvadakayil.blogspot.in/2014/04/shabda-brahman-beat-of-damarau-drum-of.html

      Sanskrit mantras and Agnihotra are superstitions
      http://ajitvadakayil.blogspot.in/2014/03/beej-mantra-anuswaram-nasal-sound.html

      That Gotra system was superstition , while actually it is to preserve the Y chromosome.
      http://ajitvadakayil.blogspot.in/2012/11/gotra-system-khap-rules-y-chromosome.html

      Shiva was a drug addict smoking Marijuana
      http://ajitvadakayil.blogspot.in/2012/10/say-no-to-plastics-human-suffering-and.html

      Tantra was perverse sex and debauchery
      http://ajitvadakayil.blogspot.in/2012/10/tantra-left-handed-path-of-hinduism.html

      Cremating the dead causes global warming
      http://ajitvadakayil.blogspot.in/2015/03/begone-al-gore-hoax-of-carbon-dioxide.html

      The shankh we blow in temples is just a cheap primitive bugle
      http://ajitvadakayil.blogspot.in/2013/03/secrets-of-shankh-or-conch-product-of.html

      Hindus drink cow urine and are dirty perverts
      http://ajitvadakayil.blogspot.in/2013/02/gomutra-drinking-cows-urine-as-elexir.html

      Hindus do a stupid knee bend while holding ear exercise in front of a stupid elephant god
      http://ajitvadakayil.blogspot.in/2013/02/dvau-bhuja-karanam-thoppu-karanam-itham.html

      Our vedic holy humped cows are useless creatures giving little milk.
      http://ajitvadakayil.blogspot.in/2013/07/nutritious-a1-milk-of-vedic-cows-with.html

      That our Vishnu avatars are nonsense
      http://ajitvadakayil.blogspot.in/2013/05/vishnu-avatar-varaha-boar-fixing-planet.html

      That our vedas are stupid shepherds verses
      http://ajitvadakayil.blogspot.in/2014/07/nasadiya-sukta-rig-veda-5000-bc.html

      Ancient hindus were savages never had a technical mind
      http://ajitvadakayil.blogspot.in/2011/02/sri-yantra-and-egyptian-pyramids-capt.html

      Hindusim never contributed to western religions and we copied from Greeks

      http://ajitvadakayil.blogspot.in/2012/05/thor-zeus-marduk-brihaspati-and-jupiter.html

      THE WHITE INVADER FELL FLAT ON HIS FACE - IN FRONT OF MY BLOG SITE, RIGHT ?

      I CAN GO ON AND ON-- AND MAKE THIS LIST CROSS 1000 .

      capt ajit vadakayil
      ..

      Delete
  6. it can only be untrue if azam khan would walk with tilak and say vande matram. if muslims were nationalists there would have no khilafat movement in India. there would have been no demand for division of their nation. there would have no destruction of temples and churches and synagogues to build mosques. terrorists would not shout all aha hu akbar while killing innocents in trains buses markets etc.

    ReplyDelete
  7. government jobs exams and other competitive tests will require high punctuality, patience and hardwork. Also sites like this will be badly needed who is going serious about getting a job in govt. sector.

    ReplyDelete