“FREEDOM OF SPEECH”
Recently the City of Indore (Madhya Pradesh) has witnessed a peculiar incident, when the Indore Police has registered a Substantive Offence under Section 341 and 353 of the Indian Penal Code against as many as 23 Students of Different Colleges (out of a large gathering of 150 Students), who had assembled in front of the University Entrance Gate to lodge their “Peaceful Protest” against the Appointment of Mr. Ajit Singh Sharavat, the New Vice Chancellor of Devi Ahilya Vishwa Vidhyalaya Indore.
While reading News Paper, the News regarding holding of Rallies and Agitation by the Students normally escapes the attention of Citizens, but this News exhibits an alarming shift in the attitude of the Indore Police, as the Police has not adopted “Preventive” but “Punitive” Methodology of Registration of “Substantive Criminal Case” against the Students/Student Leaders, who were simply lodging their “Peaceful” Protest by shouting Slogans and by not making any attempt of either committing “Breach of Peace” or violating “Law and Order” and that seems to be a clear departure of Local Police, from their routine practice of Arresting Protestors under Section 151 Cr.P.C. and producing before the Sub Divisional Magistrate.
The matter gets Worst, when One reads/learns in the News Papers that it is the University Officials, who have lodged a Written Complaint against the Students and on that basis the Police has Registered the Criminal Offences under Sections 341 and 353 of Indian Penal Code, (which would now be Tried in the Criminal Court), as One of the Two Offences could not be even Compounded (Compromised), without the Permission of the Court ?
The Police has probably forgotten that the Young Students learns the Lessons of their Educational Discipline in the College/University and also Learns the Principles of Democracy within the same serene atmosphere of College/University and when they exercise their Fundamental Right of “Speech and Expression” in a Peaceful Manner, within their College/University Campuses, the Constitutional Mandate guaranteed in Article 19 of the Constitution of India can not be jeopardized by treating/converting them as Ordinary Criminals by Producing them before the Criminal Court and subjecting their respective “Career” to a greater jeopardy, in the Name of the popular phrase “Law and Order”.
The Question then haunts, on a very High Pitch, in the Mind, as to Whether the Students have really got the Fundamental Right of “Speech and Expression” or the Authorities have forgotten that “Constitutional Guarantee”, available to Each Citizen of the Country.
The Latest Parliamentary Elections has proved beyond doubt that the Youth of the Country has awakened and is now fully engaged in contributing to the Cause of the Development/Progress of the Country, therefore the “Voice of the Youth” has to be timely Heard and Respected, otherwise the Reactions could be Disastrous.
Recently the City of Indore (Madhya Pradesh) has witnessed a peculiar incident, when the Indore Police has registered a Substantive Offence under Section 341 and 353 of the Indian Penal Code against as many as 23 Students of Different Colleges (out of a large gathering of 150 Students), who had assembled in front of the University Entrance Gate to lodge their “Peaceful Protest” against the Appointment of Mr. Ajit Singh Sharavat, the New Vice Chancellor of Devi Ahilya Vishwa Vidhyalaya Indore.
While reading News Paper, the News regarding holding of Rallies and Agitation by the Students normally escapes the attention of Citizens, but this News exhibits an alarming shift in the attitude of the Indore Police, as the Police has not adopted “Preventive” but “Punitive” Methodology of Registration of “Substantive Criminal Case” against the Students/Student Leaders, who were simply lodging their “Peaceful” Protest by shouting Slogans and by not making any attempt of either committing “Breach of Peace” or violating “Law and Order” and that seems to be a clear departure of Local Police, from their routine practice of Arresting Protestors under Section 151 Cr.P.C. and producing before the Sub Divisional Magistrate.
The matter gets Worst, when One reads/learns in the News Papers that it is the University Officials, who have lodged a Written Complaint against the Students and on that basis the Police has Registered the Criminal Offences under Sections 341 and 353 of Indian Penal Code, (which would now be Tried in the Criminal Court), as One of the Two Offences could not be even Compounded (Compromised), without the Permission of the Court ?
The Police has probably forgotten that the Young Students learns the Lessons of their Educational Discipline in the College/University and also Learns the Principles of Democracy within the same serene atmosphere of College/University and when they exercise their Fundamental Right of “Speech and Expression” in a Peaceful Manner, within their College/University Campuses, the Constitutional Mandate guaranteed in Article 19 of the Constitution of India can not be jeopardized by treating/converting them as Ordinary Criminals by Producing them before the Criminal Court and subjecting their respective “Career” to a greater jeopardy, in the Name of the popular phrase “Law and Order”.
The Question then haunts, on a very High Pitch, in the Mind, as to Whether the Students have really got the Fundamental Right of “Speech and Expression” or the Authorities have forgotten that “Constitutional Guarantee”, available to Each Citizen of the Country.
The Latest Parliamentary Elections has proved beyond doubt that the Youth of the Country has awakened and is now fully engaged in contributing to the Cause of the Development/Progress of the Country, therefore the “Voice of the Youth” has to be timely Heard and Respected, otherwise the Reactions could be Disastrous.
1 comment:
Very true. The barbarism and cold arrogance of the police will never cease. Evidently they have never read Mill's essay 'On Liberty' (or they would have had it banned long ago).
But I do find it remarkable and heartening that despite a complete (and passionate) commitment to the legal profession, you still preserve your sense of moral outrage at atrocity and human rights violations.
It is all too easy to look the other way and sink into accepting any injustice that does not affect us in a direct or personal way, especially when it comes to police and the security forces. However, as Benjamin Franklin said, "Those who sacrifice liberty for security deserve neither".
Do keep writing!
- Bharat Chitale
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