ACTION AGAINST CAA PROTESTERS
Wake up Indian judiciary, stop this unlawful trend!
- Markandey Katju
Wake up Indian judiciary, stop this unlawful trend!



Section 147 of the Indian Penal Code states "Whoever is guilty of rioting shall be punished with imprisonment of either description, which may extend to two years or with fine or with both".

There is no legal provision for immediate sealing or confiscating the property of the alleged rioters, and that too without holding a trial in which the accused get an opportunity of putting up their defence with the assistance of counsel in accordance with the provisions of the Criminal Procedure Code.

So while I have no sympathy with those who rioted and damaged property in the recent agitations against the Citizens Amendment Act in towns in UP, in my opinion the action of the UP authorities is wholly illegal.

Rioters who damage property can no doubt be made to pay for it (as a fine contemplated by section 147 IPC) but that can legally be done (1) only after a trial, in which they are given an opportunity of hearing, and (2) by a court order, not by an order of an executive authority.

It is reported that in Muzaffarnagar district 50 shops of alleged ‘rioters’ have been sealed. This action is wholly illegal since no trial was held of the accused, and there is no court order to do so.

People arrested in Lucknow over violent protests against CAA 
 
It seems that the UP executive authorities have become a law unto themselves. One is reminded of the Enabling Act of March 1933 passed by the German Reichstag (the German Parliament) which enabled the Hitler Govt to make laws without approval of the Reichstag, and even inconsistent with the Weimar Constitution.

If this unlawful trend which is creeping into India so brazenly is not stopped by the Indian judiciary, the Nazi era is soon coming in India too. But unfortunately the Indian Supreme Court, instead of acting as a guardian of the Constitution and the fundamental rights of the people, has lately been behaving like Bheeshma Pitamah who closed his eyes when Draupadi was being publicly stripped, as can be seen from its disgraceful Ayodhya verdict, its shameful treatment of Justice Kureshi, its refusal to protect the democratic rights of the Kashmiri people, and its refusal to apply the Brandenburg test to quash the criminal proceedings against the Bhima Koregaon accused.

 

Justice Markandey Katju is former Judge, Supreme Court of India and former Chairman, Press Council of India. 

 


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Comment by: MM HUSAIN

मार्कंडेय काटजू साहब का लेख बहुत अच्छा लगा। न्यायिक दृष्टिकोण से विवेचना विधिपरक जानकारी मिली। मैं समझता हूं कि न्यायपालिका अगर निष्पक्ष होती तो अब तक स्वतः संज्ञान लेकर सत्ता को सबक सिखा देती चाहे वह कश्मीर का मुद्दा हो एनआरसी हो सीएए हो या बाबरी विवाद लेकिन अफसोस वह भी रबर स्टैंप निकली।

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Comment by: Raj Prakash

Hon'ble SC please wake up n take notice of inhumane behavior of UP govt n the police themselves. During 2019 about 1000 killings have taken place in UP at govt instance . If it is not stopped more innocent wud be killed by arrogant police personnels. I am not supporting rioting ppl who are taking law into their hands creating chaos n damaging public property.

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Comment by: Wafati Khan advocate

कानून का ज्ञान रखने वाले ही कानून की बात कर सकते हैं अपराधी का कानून से कोई लेना देना नहीं जैसा कि हम सुन और देख रहे हैं क्या यही भारत की असली तस्वीर है। देश में रोजगार के लिए लोग भटक रहे हैं आज देश में कानून की धज्जियां उड़ाई जा रही हैं देश भय और अराजकता का माहौल बना हुआ है।

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