Arrested For Facebook Post: It Is Ubsurd And Unlawful
By Justice Markandey Katju
19 November, 2012
Countercurrents.org
Two girls have been arbitrarily and unlawfully arrested for making comments about the late Shiv Sena supremo Bal Thackeray's death. Pranesh Prakash explores the legal angles to the arrests. Here is a letter written by Justice Markandey Katju, Chairman, Press Council of India to the Chief Minister of Maharashtra
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 Markandey Katju
(Chairman, Press Council of India, and former Judge, Supreme Court of India)
Read the Centre For Internet and Society report here
Arbitrary Arrests for Comment on Bal Thackeray's Death
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