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)
