The government’s actions went much beyond its brief and were in violation of the court’s directives so much so it had to hold a special sitting on Sunday to consider contempt of court action against the government. While issuing notice to the Union government seeking an explanation for the closure of the capital city and crackdown on the protesters, the court on Sunday made it sufficiently clear that there cannot be arbitrary detentions of peaceful protesters. — Internet

The Union government’s refusal to comply with the Supreme Court’s directives, issued first on Friday, and then on Sunday, on how to handle the peaceful assembly of people in the national capital is regrettable. It does not add to the prestige of the world’s largest democracy that its government attaches no importance to the fundamental rights guaranteed by its Constitution nor to the directions of its Supreme Court on guarding those rights.

The apex court was mindful of the rights of the citizens under Article 19 and the responsibilities of the authorities when it on Friday issued directions on the approach the latter must have to the October 10 protest called by the Cockroach Janta Party and Left students and youth organisations demanding the resignation of chief election commissioner Gyanesh Kumar for the alleged irregularities in the conduct of the special intensive revision of electoral rolls. It allowed restrictions the authorities thought fit but made it clear in no uncertain terms that it cannot disrupt normal life in the nation’s capital. There were express directions against closure of modes of transport including the metro service.

However, the government made a fortress of Jantar Mantar, a place designated in the capital city for protests, so that no protester reached there. It shut down 45 metro stations. It almost sealed the borders so that no protester entered Delhi and ensured that leaders and cadre of the students and youth organisations were held back in their homes. Policemen were even seen forcibly deboarding youngsters headed to the capital. Not done, it detained over 3,000 people including the leaders of various organisations who include four former chief ministers on the day of the protest.

The government’s actions went much beyond its brief and were in violation of the court’s directives so much so it had to hold a special sitting on Sunday to consider contempt of court action against the government. While issuing notice to the Union government seeking an explanation for the closure of the capital city and crackdown on the protesters, the court on Sunday made it sufficiently clear that there cannot be arbitrary detentions of peaceful protesters.

Hardly had the judges completed dictating the orders, the police went on a rampage, rounding up protesters, bundling them into waiting vans, subjecting them to physical torture and then abandoning them in the wayside. Several leaders and cadre who have been so brutalised have now been now hospitalised. Even a member of the Rajya Sabha, John Brittas, was subjected to similar treatment.

The government may have its position on the protesters’ demand for the resignation of the CEC but it cannot breach the boundaries of the law nor violate the Constitution while dealing with them. It cannot run its agencies disregarding the directions of the apex court. It cannot be seen committing excesses that do not behove the administration of a democratic country.

The Narendra Modi government has come to power on the strength of the free will of the people of this country. It must keep off resorting to the use of disproportionate force to stop people from speaking their mind. And it is time for the Supreme Court to redeem the Constitution for the people and put its foot down on state authoritarianism.

Tags: