Skip to main content

Legal notice to CM Rupani, DGP: Why are Gujarat farmers being 'illegally' detained?

By Our Representative

Taking strong exception to the Gujarat government’s alleged preventive detentions of a large number of farmer leaders this week in order to stop them from holding any protests in support of the Bharat bandh on December 8, a legal notice served on chief minister Vijay Rupani, the home minister, the chief secretary, the director general of police, and other senior police officials has sought know under which law these “illegal” actions were being carried out.
Served through senior Gujarat High Court (HC) advocate Anand Yagnik by Gujarat Khedut Samaj leaders Jayesh Patel, Dahyabhai Gajera, Arun Mehta and Purshottam Parmar; Gujarat Kisan Congress leaders Palbhai Ambaliya, Chetan Gadhiya and Girdharbhai Vaghela, and others, the legal notice said the detentions and house arrests were made “without FIR” and were “unconstitutional”, wondering why they should not approach HC and Supreme Court for stopping such action.
The legal notice said, “Between 9:00 pm of December 7 to 10:00 am of December 8, Jayesh Patel, Ramesh Patel, Dahyabhai Gajera, Arun Mehta, Pal Ambaliya, Girdharbhai Vaghela, Pravin Patodiya and Chetan Gadhiya were “preventively detained, arrested or put in house arrest” up to 6 pm on December 8 by the state police.
It said, starting on December 7, the cops started visiting houses and offices of these leaders and remained in the premises of the house or office “in spite of protest against such entry, encroachment and trespass”, insisting, this is against the right to privacy and basic human and constitutional rights and principles of civil liberties and personal liberty, as “guaranteed” under the Constitution.
This was done, said the legal notice, despite the fact that “not a single farmer leader and their associates violated Section 144 of Criminal Procedure Code warranting arrest or detention”. The farmers leaders were only verbally told that the detention or arrest was “in accordance with the Disaster Management Act, 2005 and the Epidemic Diseases Act, 1897 and Gujarat Police Act, 1951.”
“This means that the elected and unelected executives in charge of law and order sitting at Gandhinagar or elsewhere, in a comprehensive, concerted and collective manner do take illegal and unconstitutional decisions and entire police department is told to implement the same”, the legal notice alleged.
Notice calls police action unconstitutional, accuses Gujarat BJP rulers of misusing state machinery to thwart farmers' right to dissent
Giving more details, the legal notice said, on December 10, cops from the local police station visited the office Jayesh Patel in Surat, asking him whether he was going to Gandhinagar on December 11 and then to Delhi on December 12. Again, on December 11,when he was attending a family function at home, cops were “hovering around his house in order to prevent him for leaving his house and Surat City.”
Pointing towards similar action in Surat against other leaders, the legal notice said, farmer leader Parimal Patel “was made to sit in Palsana police station for the whole day on December 11”, adding, cops “forcibly” entered the house of Ramesh Patel on December 9 night and was “rigorously and vigorously interrogated” him, wanting to know if he and other activists were leaving for Delhi.
Then, farmer leaders Dahyabhai Gajera, was forcibly confined in his house at village Upleta, district Rajkot; Chetan Gadhiya of village Pithadiya, district Rajkot, and Girdharbhai Vaghela of village Bhanvad, district Devbhoomi Dwarka, were “detained either in their house in office arrest”, the legal notice said.
Calling police actions “illegal and unconstitutional”, and accusing the BJP government of “misusing its state machinery to thwart attempt on the part of farmers of Gujarat to exercise their right to dissent, right to protest, right of movement in any part of India and freedom of expression”, the legal notice asked the Gujarat authorities not to prevent farmers and farmer leaders from going to Delhi to participate in the ongoing protests.
It also asked the authorities to immediately direct police officials across the state not to enter into the house or office of farmer leaders, not to stand or stay in the premises of their house or office in order to prevent them from leaving for Delhi.

Comments

TRENDING

Vaccine nationalism? Covaxin isn't safe either, perhaps it's worse: Experts

By Rajiv Shah  I was a little awestruck: The news had already spread that Astrazeneca – whose Indian variant Covishield was delivered to nearly 80% of Indian vaccine recipients during the Covid-19 era – has been withdrawn by the manufacturers following the admission by its UK pharma giant that its Covid-19 vector-based vaccine in “rare” instances cause TTS, or “thrombocytopenia thrombosis syndrome”, which lead to the blood to clump and form clots. The vaccine reportedly led to at least 81 deaths in the UK.

'Scientifically flawed': 22 examples of the failure of vaccine passports

By Vratesh Srivastava*   Vaccine passports were introduced in late 2021 in a number of places across the world, with the primary objective of curtailing community spread and inducing "vaccine hesitant" people to get vaccinated, ostensibly to ensure herd immunity. The case for vaccine passports was scientifically flawed and ethically questionable.

'Misleading' ads: Are our celebrities and public figures acting responsibly?

By Deepika* It is imperative for celebrities and public figures to act responsibly while endorsing a consumer product, the Supreme Court said as it recently clamped down on misleading advertisements.

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. 

Magnetic, stunning, Protima Bedi 'exposed' malice of sexual repression in society

By Harsh Thakor*  Protima Bedi was born to a baniya businessman and a Bengali mother as Protima Gupta in Delhi in 1949. Her father was a small-time trader, who was thrown out of his family for marrying a dark Bengali women. The theme of her early life was to rebel against traditional bondage. It was extraordinary how Protima underwent a metamorphosis from a conventional convent-educated girl into a freak. On October 12th was her 75th birthday; earlier this year, on August 18th it was her 25th death anniversary.

Palm oil industry deceptively using geenwashing to market products

By Athena*  Corporate hypocrisy is a masterclass in manipulation that mostly remains undetected by consumers and citizens. Companies often boast about their environmental and social responsibilities. Yet their actions betray these promises, creating a chasm between their public image and the grim on-the-ground reality. This duplicity and severely erodes public trust and undermines the strong foundations of our society.

'Fake encounter': 12 Adivasis killed being dubbed Maoists, says FACAM

Counterview Desk   The civil rights network* Forum Against Corporatization and Militarization (FACAM), even as condemn what it has called "fake encounter" of 12 Adivasi villagers in Gangaloor, has taken strong exception to they being presented by the authorities as Maoists.

Mired in controversy, India's polio jab programme 'led to suffering, misery'

By Vratesh Srivastava*  Following the 1988 World Health Assembly declaration to eradicate polio by the year 2000, to which India was a signatory, India ran intensive pulse polio immunization campaigns since 1995. After 19 years, in 2014, polio was declared officially eradicated in India. India was formally acknowledged by WHO as being free of polio.

No compensation to family, reluctance to file FIR: Manual scavengers' death

By Arun Khote, Sanjeev Kumar*  Recently, there have been four instances of horrifying deaths of sewer/septic tank workers in Uttar Pradesh. On 2 May, 2024, Shobran Yadav, 56, and his son Sushil Yadav, 28, died from suffocation while cleaning a sewer line in Lucknow’s Wazirganj area. In another incident on 3 May 2024, two workers Nooni Mandal, 36 and Kokan Mandal aka Tapan Mandal, 40 were killed while cleaning the septic tank in a house in Noida, Sector 26. The two workers were residents of Malda district of West Bengal and lived in the slum area of Noida Sector 9. 

India 'not keen' on legally binding global treaty to reduce plastic production

By Rajiv Shah  Even as offering lip-service to the United Nations Environment Agency (UNEA) for the need to curb plastic production, the Government of India appears reluctant in reducing the production of plastic. A senior participant at the UNEP’s fourth session of the Intergovernmental Negotiating Committee (INC-4), which took place in Ottawa in April last week, told a plastics pollution seminar that India, along with China and Russia, did not want any legally binding agreement for curbing plastic pollution.