Delhi Police "violates" yet another law: It hasn't made public sedition FIR for arresting JNU's Kanhaiya Kumar

Kanhaiya Kumar

By Our Representative
The Fist Information Report (FIR) regarding the controversial arrest of Jawarhalal Nehru University Students Union (JNUSU) president Kanhaiya Kumar on February 10 on charges of sedition is still not been put in public domain by the Delhi Police, a senior human rights and Right to Information (RTI) activist, Venkatesh Nayak, has revealed.
In an email alert, Nayak, who is with the Commonwealth Human Rights Initiative, New Delhi, has said, that while the media reported that the Delhi Police registered a First Information Report (FIR) at the Vasant Kunj North Police Station on 11 February – a day after the incident – the Delhi Police’s dedicated page on its website for the proactive disclosure of FIRs has not listed the JNU FIR.

Nayak's revelation comes close on the heels of news coming in that Kumar was attacked in a Delhi court on February 17 twice. He told a team of lawyers sent by the Supreme Court spoke to Kumar and reported that he was "terrorised".
“The transparency measure for making public FIRs was initiated under the directions of the Delhi High Court in 2010 in the matter of Court on its own Motion through Ajay Chaudhary vs State [2011 CriLJ 1347]. However, the FIR relating to the incidents at JNU could not be located on this website”, Nayak complains.

“Under the regime of transparency established by The Right to Information Act, 2005 (RTI Act) media reports are the only source of information regarding the contents of the FIR registered by the Delhi Police”, he underlines.

While the 2011 Delhi High Court had ruled that FIRs containing 'sensitive matters' may be exempted from proactive disclosure as an exception, Nayak says, “The concerned Deputy Commissioner of Police must issue a speaking order as to why such an FIR will not be disclosed, and send a copy of the same to the Area Magistrate.”

Violation of RTI Act

According to Nayak, “The Delhi Police has not publicly stated its reasons for keeping the 'JNU FIR' confidential despite the fact that the issue has become a matter of widespread debate not only in New Delhi but also across the country and elsewhere.”
He adds, the FIR has not been made public despite the fact that Delhi Police is also under “a statutory duty to volunteer reasons for non-disclosure of the FIR under Section 4(1)(c) of the RTI Act.”
Comments Nayak, “The result of maintaining this confidentiality is that many 'facts' as reported to the police leading to the registration of the FIR two days after the incidents at JNU are not clear, especially whether any student was actually named the 'accused' in relation to the allegations or not.”
“Public access to this kind of information is crucial to determine whether the actions of the Delhi Police in arresting the students and also demanding their custody (instead of rendering them to judicial custody) is justified and proportional or not”, Nayak points out.
Further says, Nayak, the Delhi Police is not complying with the law of the land in another manner. In 2009 Parliament amended the arrest-related provisions of the Code of Criminal Procedure, 1973 (CrPC) requiring every State Police Headquarters to prepare a database of persons arrested by the police and make it accessible to the public.
“Section 41C of the CrPC which became operational in 2010 makes it mandatory for the Delhi Police to create a database containing details such as the name and contact details of every person arrested, the name and designation of the police officer making the arrest, the nature of offences for which the arrest is being made and publicise them for the reference of the people”, Nayak says.
“However”, Nayak says, “The Delhi Police has not created and publicised such a database of arrestees till date, nor has it reported the arrest of the students at JNU through its press releases”, adding, “Somehow respect for and obedience to the law seems to be the responsibility of ordinary citizens only while law enforcement agencies can go scot free.”

Comments

'Very low rung in quality ladder': Critique of ICMR study on 'sudden deaths' post-2021

By Bhaskaran Raman* Since about mid-2021, a new phenomenon of extreme concern has been observed throughout the world, including India : unexplained sudden deaths of seemingly healthy and active people, especially youngsters. In the recently concluded Navratri garba celebrations, an unprecedented number of young persons succumbed to heart attack deaths. After a long delay, ICMR (Indian Council for Medical Research) has finally has published a case-control study on sudden deaths among Indians of age 18-45.

SC 'appears to foster' culture of secrecy, does not seek electoral bond details from SBI

By Rosamma Thomas* In its order of November 2, 2023 on the case of Association for Democratic Reforms vs Union of India contesting constitutional validity of electoral bonds, the Supreme Court directed all political parties to give particulars of the bonds received by them in sealed covers to the Election Commission of India. SC sought that information be updated until September 2023.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah* The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Only 12% of schools RTE compliant: Whither 6% budgetary allocation for education?

By Ambarish Rai* Despite Indian state’s commitment of 6% GDP on education, the Finance Minister completely ignored right to education for children and strengthening implementation of RTE Act which makes education a fundamental right in her budget speech . The Right to Education (RTE) Forum, which is a collective of different stakeholders in education, condemns this neglect of a legal entitlement, which is unconstitutional and demand for overall increase in the budget to ensure improvement in learning outcomes and overall enhancement of quality education.

Savarkar in Ahmedabad 'declared' two-nation theory in 1937, Jinnah followed 3 years later

By Our Representative One of the top freedom fighters whom BJP and Prime Minister Narendra Modi revere the most, Vinayak Damodar Savarkar, was also a great supporter of the two nation theory for India, one for Hindus another for Muslims, claims a new expose on the man who is also known to be the original proponent of the concept of Hindutva.

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

'Ambiguous policy': India late in advocating EVs as energy storage in national grid

By Shankar Sharma* This is regarding the points raised by the Chief Electricity Authority’s (CEA's) advocacy for usage of electrical vehicles (EVs) as energy storage technology, and few associated issues . An objective reading of what he states should reiterate the enormously growing importance of battery energy storage systems (BESS) in our need to transition to a net-zero carbon scenario for the country.

Union Health Ministry, FSSAI 'fail to respond' to NHRC directive on packaged food

By Our Representative The National Human Rights Commission (NHRC) has expressed deep concern over the adverse health effects caused by packaged foods high in salt, sugar, and saturated fats. Recognizing it as a violation of the Right to Life and Right to Health of Indian citizens, the quasi-judicial body called for a response from the Food Safety and Standards Authority of India (FSSAI) regarding its selection of front-of-pack labels aimed at providing consumers with information to make healthier choices.

How national chauvinism 'overtook' sport despite cricketing glory of World Cup 2023

By Harsh Thakor* The recently-concluded cricket World Cup was a testimony or manifestation of the thrills, intensity, twists and turns in sport and evolution of the game of cricket. It carried on the trend of the World Cups of yesteryears. Possibly, this was the best ever Indian team in a World Cup, and arguably amongst the best ever to contest a World Cup.

Search This Blog