Why is the value of individual liberty despised in constitutional institutions? SEXI News

Why is the value of individual liberty despised in constitutional institutions?

Often arrested or on bail, the police and courts seem to refer to the principle that “bail is the rule, jail is the exception” in the case of those in power, but this rule is reversed when Muslims, human rights activists or journalists are nominated. . .

(Illustration: Pariplab Chakraborty/The Wire)

Filmmaker Avinash Das was arrested by the court in Ahmedabad, the capital of Gujarat. Bail after only one day in custody became such an accident in India that friends, acquaintances of Avinash, who were praying in their hearts, but were not expecting it at all, were shocked to hear this news. rest. His preparation was for other news.

Avinash Das was not meant to be legally arrested, but in India today there is no point in waiting for constitutional scrutiny of the police. Avinash Das had tweeted an old photo of India’s current home minister with an administrative officer accused of corruption.

It is difficult to understand what type of crime it was. Calling it a fake, police arrested Avinash. However! After a day in custody, Avinash was released on bail by the local court.

Avinash Das was taken into custody around the same time journalist Mohammad Zubair was ordered released immediately from Tihar prison in the Indian capital, Delhi. The Supreme Court was so determined and concerned to ensure the independence of Zubair, an Indian citizen, one of India’s millions, that it had the practical part of its judgment typed first.

So the police can’t say he delayed getting the court order and Zubair won’t be deprived of liberty for another day of his life. He wrote that Zubair should be released from prison today and today. Such is the price of human freedom in the eyes of the law!

It may have been done by the court as he recalls many tricks used by Delhi police to prevent Natasha Narwal, Devangana Kalita and Asif Iqbal Tanha from getting out of jail even after being released on bail last year. She said she would first go to the places written by her by train to verify the veracity of their addresses. Will also verify the authenticity of their land. He did not tell the court clearly how many days it would have taken him.

Eventually, lawyers for all three had to go to the High Court again. The Delhi High Court has requested the Court of Additional Sessions to rule on the case immediately. After this order, the trial court ordered the immediate release of the three, putting aside the heckling of the police.

The police are not a punitive body. So why this punitive tendency in him? Why did she want to deprive all three of their freedom when the court had rejected the arguments of the state or the police?

The highest court knows the hatred of the Indian police against the freedom of the Indian people. That’s why he said clearly about Zubair’s release so that the police could not find excuses not to understand. But how many times will the Supreme Court have to say this in its lectures in courtrooms and outside to our justices?

One may also wonder that in the Preamble of the Constitution of India, the first value of the country or the nation, i.e. freedom, why is there a feeling of so much contempt for the freedom of the individual in our constitutional institutions.

There is a slight simplification here. Among the Indians whom our constitutional institutions do not consider worthy of freedom, Dalits, Adivasis and Muslims are in the lead. Those whose cases are pending and who are forced to wait years in prison, the people of these communities are the most numerous.

Prison is for the condemned. But why should those whose cases have not started or are in progress be in prison? According to government figures, 73% of people currently in Indian prisons are prisoners of this category. Among them, 20% are Muslims and 73% are from Dalits, Adivasis and other backward castes.

Many of them are those whose cases have not started even after years. That is to say, they must go to prison without being punished. These prisoners are Gautam Navlakha, Anand Teltumbde, Heni Babu, Umar Khalid, Sharjeel Imam, Gulfisha Fatima, etc. That is, those who suffer without punishment.

Therefore, it is a surprise for today that Avinash Das was granted one-day custody and was granted bail at the end. Was the Supreme Court’s pledge to free Zubair just a day before the “concession” the court in Ahmedabad granted Avinash?

Was this the Chief Justice’s speech in court just before an end to indiscriminate arrests was needed? Or at the same time, a bench of the Supreme Court had to say that Parliament should pass a “bail law”. He called for the adoption of such a law to end the habit of unnecessary arrests by various organizations.

In general, it seems fine. But who are these useless arrests? And who will never fear such an arrest? We know the answer to this question.

Why were these BJP leaders, including some MPs and ministers, not arrested when they openly incited their people to shoot? Far from being arrested, why didn’t the police even file a complaint against him?

Instead, when there was a request to file a report against him for his speeches inciting violence and not to arrest him and the court also ordered it, the Delhi police refused to do it. Then the police argued that they were investigating after the complaint.

In Delhi itself, when an oath was taken to take up arms and kill in a religious parliament, the police did not even consider it worth an FIR, let alone arrest.

Last year in Lakhimpur Kheri, the son of the Union Minister of State for Home Affairs was killed in a caravan by a convoy of farmers. At first, the police dragged their feet in writing a report against him. He and the state’s attorneys did their best in court to ensure the defendant was not arrested later. When the Allahabad High Court granted him bail after he was forced into arrest, the police were not spared. Eventually, the Supreme Court had to reprimand him and void the bond.

This case was different from the others. It was a mass murder case. The accused was a powerful person. Witnesses were in danger because he was outside. However, the police did not consider his arrest necessary. In the same way that the accused in the murder of Junaid was released on bail, neither the court nor the police found anything strange in this.

Those who openly organize meetings to annihilate Muslims are free to organize more. Or take the example of Nupur Sharma. Police also filed the report when resentment began to pour in from the Gulf countries.

Whether arrest or bail, the police and court will also adopt the principle that “bail is the rule, jail the exception” in the case of Hindutvawadis and will overturn this rule as soon as the names of Muslims, human rights defenders and activists come up. So jail is the rule, bail is the exception.

Why do we despise the freedom of minorities and human rights activists or journalists? The Supreme Court, which ordered the immediate release of Mohammad Zubair, made the freedom of the Indian individual a matter of the will of the police or the state.

The leaders and other citizens of Jammu and Kashmir were arrested in August 2019 without any formal order. When his attorney came to the Supreme Court with a habeas corpus petition, he didn’t even consider it listenable. The most sacred law in the world, that is to say the right to liberty of the individual, was not even taken into consideration by the Supreme Court.

Similarly, in the Batali case, it was decided that release on bail was impossible in the event of an arrest under the UAPA. Who are the defendants of the UAPA? Everyone knows the answer to that. So whatever the court says, everyone knows that prison will be the exception for one part, the rule for another.

(The author teaches at the University of Delhi.)

Categories: India Special Ideas

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