Justice Katju's letter to Maharashtra CM over arrest Mumbai women over FB post
20 Nov 2012
Press Council of India chairman Justice Markandey Katju yesterday wrote to Maharashtra Chief Minister Prithviraj Chavan demanding "immediate" action against police personnel who arrested two women in Mumbai for a posting note against the virtual shutdown of the city in the wake of Shiv Sena chief Bal Thackeray's death on Saturday (See: Justice Katju slams CM for arrest of Mumbai women over FB post).
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)
