Letter to Maharashtra CM on arrest of the young girl for her facebook status.
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)
Second Letter to Maharashtra CMDear Chief Minister,
You have not replied to my email but only forwarded it to someone called Amitabh Rajan, whom I do not know, and who has not had the courtesy to respond to me. Please realize that the matter is much too serious to be taken in this cavalier manner, because the principle of liberty is at stake.The entire nation wants to know what action you have taken. I would therefore request you to immediately let me know what you are doing in this matter.
Are we living in a democracy or not ? How can a person be arrested for objecting to the shutdown in Mumbai on Thackeray’s death ? Article 21 of the Constitution, to uphold which you have taken an oath, states that no one can be deprived of his life or liberty except in accordance with law. Does Article 21 not exist in Maharashtra ? Does freedom of speech guaranteed by Article 19(1)(a) also not exist in your state ?Please realize that silence is not an option for you in the matter. The entire nation is furious at this apparently illegal arrest. Therefore I once again request you to tell me, and through me the entire nation, why this arrest of a woman was made in Mumbai just for putting up an apparently innocuous material on the Facebook, and what action you have taken against the delinquent policemen and others involved in this high handedness and blatant misuse of state machinery
Regards
Justice Katju
Related Articles: http://www.thehindu.com/opinion/op-ed/why-i-cant-pay-tribute-to-thackeray/article4108839.ece
M.A.S.E.S strongly condemns the arrest of Shaheen Dhada and Renu and this continous act of arresting Facebookers, Tweeters and Social Network Media Writers. We call for a revival of cyber law, esp: section 66A which is vague and which is against the Rights given by the Indian Constitution
Tagged: cyber law, Facebook arrests, Freedom of expression, Justice Katju, M.A.S.E.S, section 66 A
M.A.S.E.S -- Movement Against Sexual Exploitation and Sexism 
[…] November 20, 2012 – The Chairman of the Press Council of India, writes to the Maharashtra Chief Minister questioning the legal validity of the arrest of the two girls under Section 66(A). The letter(s) may be accessed here. […]