Skip to main content

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

TRENDING

'Blatant violation' of law by Central government in making NREGA payments

By Our Representative  In September third week, NREGA workers across the country were mobilised for two day so raise their issues and submit a memorandum to the Prime Minister. Organised the NREGA Sangharsh Morcha (NSM), a collective of groups that work with NREGA labourers across the country, workers from 13 states -- Andhra Pradesh, Bihar, Chhattisgarh, Gujarat, Haryana, Jharkhand, Karnataka, Madhya Pradesh, Odisha, Rajasthan, Telangana, Uttar Pradesh and West Bengal -- carried out Kaam Do Abhiyaan, staging demonstrations and rallies against what they called blatant violation of law by the Central government in making NREGA payments. While NREGA has had very positive impacts, it has lately become fruitless, exploiting labour, even though workers who have put in honest hard work have to wait for their wages endlessly, it was suggested.  In such a situation, there is a need to firm up NREGA implementation and end systematic corruption to ensure that workers get their basic NREGA entit

Fascism on prowl? Religious meet 'deeply pained' at silence of Church, bishops, priests

Counterview Desk  The ‘Forum of Religious for Justice and Peace’which held its 17th National Convention at the Montfort Social Institute, Hyderabad, Telangana from 22 to 24 September 2022 on the theme “Deepening our Identity as Religious: Responding to the Signs of the Times”, has expressed concern “at the deteriorating situation of our nation on every front”, especially stating, “Fascism seems to have come to stay” in India. At the same time, the convention, which took place with the participation of 60 persons from 16 states representing 20 religious congregations, in its unanimously-adopted statement added, “We have reached abysmal depths on every parameter: be it social, economic and political”, underlining, “The poor in India become poorer every day; the rich and powerful continue to profiteer at their expense and amass scandalous amounts of wealth.” Text: We, members (63 women and men Religious, from 16 states representing 20 Congregations) of the Forum of Religious for Justice

Muslim intellectuals met Bhagwat, extra-constitutional authority 'like Sanjay Gandhi'

By Shamsul Islam*  In a significant development a delegation of five Muslim intellectuals namely former chief election commissioner SY Quraishi; former senior bureaucrat Najeeb Jung; former AMU vice-chancellor and Lt Gen (retd) Zameer U Shah; politician-cum-journalist Shahid Siddiqui (presently with RLD); and businessman Saeed Shervani [Samajvadi Party] met RSS Supremo Mohan Bhagwat at RSS Delhi headquarters. The meeting was kept secret for reasons known to the participants and was held in August. According to the Muslim intellectuals the meeting held in “a very cordial” atmosphere continued for 75 minutes whereas time allotted was 30 minutes! In a post-meeting justification of the parleys Quraishi stated that their main concern was “the insecurity being increasingly felt by the Muslim community in the wake of recurring incidents of lynching of innocents, calls by Hindutva hotheads for genocide and the marginalisation of the community in almost every sphere”. This delegation consistin

Whither Govt of India strategy to reduce import dependence on crude oil, natural gas?

By NS Venkataraman*  India presently imports around 80% of it’s crude oil requirement and around 50% of its natural gas requirements . As the domestic production of crude oil and natural gas are virtually stagnant and the domestic demand is increasing at around 7% per annum, India’s steadily increasing dependence on import of the vital energy source is a matter of high energy security concern. This is particularly so, since the price of crude oil and natural gas are considerably fluctuating / increasing in the global market due to geo political factors, which are beyond the control of India. India has promised to achieve zero emission by the year 2070, which mean that the level of emission has to start declining at slow and steady rate from now onwards. It is now well recognized that global emission is caused largely due to use of coal as fuel and natural gas as fuel and feedstock. While burning of coal as fuel cause emission of global warming carbon dioxide gas and sulphur

Rajasthan cops 'halt' Gujarat Dalit women's rally: homage to untouchability victim boy

By Our Representative  In a surprise move, the Rajasthan police stopped a Dalit women's rally from Gujarat on the borders after it crossed Gujarat alleging that it would "disturb peace" in village Surana, Jalore district, where the gruesome incident of death of a Dalit boy took place on August 13 after he was brutally beaten up by his teacher on touching the drinking water pot. Sources said, while the Gujarat government had "no objection" in allowing the rally, which originated from the Dalit Shakti Kendra (DSK), an empowerment-cut-technical institute for teens founded by human rights leader Martin Macwan, on September 24 morning, the Rajasthan police stopped it for two and a half hours before allowing it to proceed to Surana. The decision to take out a women's rally was taken at a DSK meeting on September 5 following a condolence meeting of the NGO Navsarjan Trust, also founded by Macwan, activists committed to work against caste-based discrimination, orga

Why Bose's India Gate statue suggests RSS, BJP need violence-loving ‘Hindu’ Netaji

By Prem Singh*  In a TV channel debate, a BJP spokesperson and anchor shared and served a lie that Netaji Subhas Chandra Bose's daughter in her letter to the Prime Minister has alleged that the Congress kept devaluing Netaji to further Gandhi's non-violence; because Netaji had taken the path of liberating the country through violence mode by forming the Azad Hind Fauj (INA). They also praised the Bombay Royal Naval Mutiny of 1946 to confirm that the country got its independence through a violent route. I stated that I have read the letter of Netaji's daughter, and there is no such allegation in it. But a lie told in the intoxication of power is bound to be blatant. Netaji's daughter Anita Bose Pfaff, even in the past, has already requested some earlier prime ministers of the country to bring back the mortal remains of her father from Japan to India. In none of the letters she has spoken about devaluation of her father’s role in the freedom movement on the basis of Gandh

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".

Is coal import dependence of more than 50% by 2047 of any relevance to India?

By Shankar Sharma*  I have read the article " Building Resilience in India’s Power Sector " by N Vedachalam, released by the Observer Research Foundation, with a lot of interest. I expected it to provide few useful recommendations to our authorities in charting out a sustainable pathway to green energy transition much before the climate catastrophe push our communities to the precipice. But I am sorry to say that the overall discussions or the message implied in the article disappointed me. I was expecting the article, coming from an engineer with past experience in the power sector, to discuss the much needed recommendations to put the power sector on a sustainable developmental pathway. But I could notice mostly technical jargon and a lot of statistical information, which may already be available in the public domain.   The article also seems to have simply accepted what some of the official agencies seem to have indicated as inevitable for the power sector in our country;

'True decolonisation move': Demand to name new Parliament building after Ambedkar

By Kancha Ilaiah Shepherd*  In recent weeks, there has been a demand for the new Parliament building being constructed on the revamped Central Vista in New Delhi to be named after the architect of the Constitution and anti-caste leader BR Ambedkar. On September 14, the Telangana Assembly passed a resolution urging the Centre to name the new Parliament building after Ambedkar. The Bharatiya Janata Party was absent during the debate about the resolution. The next day, the Telangana Rashtra Samithi-led government declared that the new secretariat in the centre of Hyderabad would be named after Ambedkar. Chief Minister K Chandrasekhar Rao added that he would write to Prime Minister Narendra Modi requesting him to name the new Parliament building in Delhi “Ambedkar Parliament”. The demand is finding resonance among civil society groups too and has led to social media discussions as well as public mobilisation.  But two questions arise: Should a Parliament that makes laws for a nation over a

Government 'fails to take up' Indian migrants' unpaid wages issue with other countries

By Rafeek Ravuther, Chandan Kumar, Dharmendra Kumar*  The migrant workers were one of the most vulnerable sections during the pandemic. India experiences large-scale movement of migrants internally and internationally. After the outbreak of the pandemic, migrant workers continued to face injustice especially in getting wages in expedited manner. In the international context, India, the home of 9 million cross-border temporary labour migrants, carried out the largest repatriation exercise ‘Vande Bharat Mission’. Even though the Indian government addressed the immediate requirement of repatriation, it failed to understand and recognise their post-arrival grievances, like back wages, social protection etc. Recently many workers were deported from the middle- east region. Amidst the establishment of grievance mechanisms such as Consular Services Management System (MADAD) and helplines in Pravasi Bharatiya Sahayata Kendra (PBSK), the unresolved grievances remain high. The number of unresolv