Skip to main content

Will UP govt cease 'attempts' to muzzle protests, stop arbitrary arrests?: HC order

Counterview Desk 

Welcoming the recent Allahabad High Court order which said the Uttar Pradesh government has no legal grounds to issue notices to large numbers of farmers and activists, preventing them from participating in peaceful protests, the civil rights network National Alliance of People’s Movements (NAPM) has accused the state authorities of violating “natural justice in preventing farmers-activists from participating in peaceful protests by issuing exorbitant notices”.
In a statement, NAPM has demanded, “The farmers’ movement cannot be quelled by arbitrary administrative orders. The UP government must end arbitrary detentions, withdraw pending FIRs against activists.”

Text:

The recent order of the Allahabad High Court, passed by the Division Bench of Justices Ramesh Sinha and Rajeev Singh, dated February 2, 2021, concluding that the Uttar Pradesh government had no legal grounds to issue notices to large numbers of farmers and activists, preventing them from participating in peaceful protests is a significant landmark in upholding people’s constitutional right to protest and redress against whimsical administrative interference in the same. 
The court order clearly establishes the arbitrariness and violation of principles of natural justice in the process of notices issued by the UP Government on and after January 19, 2021, in the attempt to suppress farmers’ participation in the protests organized on January 26.
The Order was issued in a PIL filed by social activist and NAPM convener Arundhati Dhuru, who approached the Court in the context of many such notices issued to farmers and workers associated with Sangatin Kisan Mazdoor Sangathan, Sitapur, under Sec 111 of the Cr.PC, merely on the basis of police apprehension of violation of ‘law and order’. 
 The PIL demanded the quashing of notices against 163 farmers, including women, who had been asked to pay bonds between Rs 50,000 to Rs 10,00,000, and to provide two like sureties, to ensure that they would not take part in any kind of agitation or dharna. In addition to being patently arbitrary, these notices were grossly unjust and a mockery of the situation of already impoverished small and marginal farmers and workers, many of whom belong to Dalit and OBC communities.
As is noted in the Order itself, when the Allahabad High Court asked the learned Additional Advocate General on February 2 to provide reasons as to why such prohibitive bonds were demanded by various Sub-Divisional Magistrates (SDMs) under the District Magistrate (DM), Sitapur, the AAG was unable to justify the action of the State. 
He, however, indicated that the proceedings in the said matter were ‘dropped’, since there was no longer a law and order risk. The AAG also undertook to instruct the Sitapur administration ‘to be careful in the future, to avoid unnecessary harassment to any person’.
Taking cognizance of the aforesaid, the Hon’ble Court disposed of the matter concluding that the administration’s ‘conduct should not be such which reflects arbitrariness and against the principles of natural justice’. NAPM welcomes the Order and hopes that the same would be considered in full letter and spirit across the state and the government would refrain from resorting to similar high-handed measures in the future, asking for bonds and sureties on flimsy, unjustified grounds.
As is known, this is just one of the many recent attempts to prevent farmers, activists and concerned citizens from participating in solidarity action with the historic farmers’ protests. The Central Government, in particular, has been striving to prevent and then stop (albeit unsuccessfully) the farmers’ protests, ranging from attempts at defamation, to control of media reporting, detentions and arrests.
The UP state government has also had a significant role to play in denying citizens their constitutional right to protest. A few weeks back activist and NAPM Convenor Richa Singh was unlawfully detained at her home for a couple of days. The Varanasi administration also filed a case under ‘Goondas Act’ against senior activist Ramjanam.
Very recently, on 6th February, the day when the national call for peaceful chakka-jam was given by the farmers’ movement, Suresh Rathod, of MNREGA Mazdoor Union, Varanasi, was detained at his home on the arbitrary grounds of potentially creating a breach of peace. His participation in the protests was prevented, as in multiple instances in the past.
A few days prior to this, an FIR was registered against social activist Nandalal Master, along with Shyam Sundar, Amit, Panchmukhi Singh and Sunil Kumar and 25 other ‘unknown persons, for a peaceful village protest on 29th January, during which the effigy of the three anti-farmer acts was burnt. The archaic United Province Special Powers Act (1932) which was invoked in their case, has a history of being used in the state to quell protests, in particular protests against the BJP.
The State cannot use law as a tool of oppression to stifle mass outrage such as the recent farmers’ movement which is only growing stronger within UP and across the country
The circumstances of the pandemic also make it possible to invoke the Disaster Management Act in a targeted way against anyone trying to organize, even when adequate precautions against Covid are taken. The convenient interpretation and use of legislation to suppress in particular protests against the centre are stark. We wish to re-assert here that legislation meant to enable addressing the pandemic situation should not interfere with people’s constitutional right to organize.
In yet another poignant incident, an FIR was filed by the UP police against the grief-stricken family members of Baljindra Singh, a farmer who died at the protest site in Ghazipur, for draping his body in the tricolour. It must be recalled that a few years back, the body of one of the accused in the ‘Dadri lynching case’ was also draped in the tricolour, but that did not attract any legal action.
Read in the broader context of the State clampdown, the order of the Allahabad High Court comes as a reminder of the duty of the administration and the police to uphold the constitutional rights of citizens to organize and participate in peaceful democratic protests. State apparatuses cannot function as arbitrary, callous and biased forces suppressing voices of dissent.
The Order, in that sense, is a vindication of those who believe in democratic values. It is in line with the call issued by UNHRC on February 5, emphasizing the need to protect the protestors’ right to peaceful assembly and expression. The State cannot use law as a tool of oppression to stifle mass outrage such as the recent farmers’ movement which is only growing stronger within UP and across the country.
  • We call upon the UP government to reflect on the implications of the Hon’ble High Court’s order, in letter and spirit, and cease its attempts to muzzle democratic protests, end arbitrary detentions and arrests and withdraw all malafide FIRs.
  • We also urge the government to stop what has become an all-pervasive practice of repression of all dissenting voices. Democratic protests against undemocratic laws and practices will not stop.
  • We call upon all sections of citizens and democratic groups to remain ever vigilant and raise their voices in safeguarding our fundamental rights to organize and dissent, peacefully.
  • We continue to stand in solidarity with the farmers’ protests across the country including lakhs of farmers from various parts of UP and remain steadfast in the demand for complete repeal of the three farm laws.
---
*Click here for signatories

Comments

Anonymous said…
R O F L . This court and this judge represent India. What about the majority of them ?

TRENDING

Reducing emission? India among top nations whose coal as energy source going up

By NS Venkataraman*  The State of the Global Climate report by the World Meteorological Organization (WMO) confirmed that the year 2023 was the warmest year on record, with the global temperature of 1.4 degree celsius above pre-industrial 1850-1900 base line.

Lockdown 'total failure' of science more than of politics: Open letter on 4th anniversary

Counterview Desk  In an open letter to fellow academicians, scientists and medical practitioners in India, marking the fourth anniversary of India's lockdown (25 March 2024), the Managing Committee* of the Universal Health Organisation (UHO) has insisted on the need to "repair two years of immense damage to science".

Insider plot to kill Deendayal Upadhyay? What RSS pracharak Balraj Madhok said

By Shamsul Islam*  Balraj Madhok's died on May 2, 2016 ending an era of old guards of Hindutva politics. A senior RSS pracharak till his death was paid handsome tributes by the RSS leaders including PM Modi, himself a senior pracharak, for being a "stalwart leader of Jan Sangh. Balraj Madhok ji's ideological commitment was strong and clarity of thought immense. He was selflessly devoted to the nation and society. I had the good fortune of interacting with Balraj Madhok ji on many occasions". The RSS also issued a formal condolence message signed by the Supremo Mohan Bhagwat on behalf of all swayamsevaks, referring to his contribution of commitment to nation and society. He was a leading RSS pracharak on whom his organization relied for initiating prominent Hindutva projects. But today nobody in the RSS-BJP top hierarchy remembers/talks about Madhok as he was an insider chronicler of the immense degeneration which was spreading as an epidemic in the high echelons of th

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.

Savarkar 'criminally betrayed' Netaji and his INA by siding with the British rulers

By Shamsul Islam* RSS-BJP rulers of India have been trying to show off as great fans of Netaji. But Indians must know what role ideological parents of today's RSS/BJP played against Netaji and Indian National Army (INA). The Hindu Mahasabha and RSS which always had prominent lawyers on their rolls made no attempt to defend the INA accused at Red Fort trials.

'Wrong direction': Paris NGO regrets MNC ArcelorMittal still using coal-based steel

By Rajiv Shah  A new report by Paris-based non-governmental research and campaigning organization, Reclaim Finance, has blamed the MNC ArcelorMittal – formed in 2006 following the takeover and merger of the western European steel maker Arcelor (Spain, France, and Luxembourg) by Indian-owned Mittal Steel – for using use “climate destructive” metallurgical coal for its projects in India.

'Flawed' argument: Gandhi had minimal role, naval mutinies alone led to Independence

Counterview Desk Reacting to a Counterview  story , "Rewiring history? Bose, not Gandhi, was real Father of Nation: British PM Attlee 'cited'" (January 26, 2016), an avid reader has forwarded  reaction  in the form of a  link , which carries the article "Did Atlee say Gandhi had minimal role in Independence? #FactCheck", published in the site satyagrahis.in. The satyagraha.in article seeks to debunk the view, reported in the Counterview story, taken by retired army officer GD Bakshi in his book, “Bose: An Indian Samurai”, which claims that Gandhiji had a minimal role to play in India's freedom struggle, and that it was Netaji who played the crucial role. We reproduce the satyagraha.in article here. Text: Nowadays it is said by many MK Gandhi critics that Clement Atlee made a statement in which he said Gandhi has ‘minimal’ role in India's independence and gave credit to naval mutinies and with this statement, they concluded the whole freedom struggle.

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. 

Attack on foreign students: Gujarat varsity's reputation, ranking at stake, say academics

Counterview Desk  Expressing anguish over the attack on international students in Gujarat University hostels, a letter claimed to have been signed by 122 current and former academics has asked the Gujarat Vice Chancellor, Dr Neerja Gupta, to provide emotional support to the attacked students and to ensure their physical safety.  

As double engine takes backseat in Odisha, BJP is pitted against 'firmly rooted' BJD

By Sudhansu R Das  BJP has got 25 years to build its party base in Odisha. After 25 years, it felt helpless and insecure to fight elections on its own strength. The party was almost crazy to have an alliance with the ruling BJD in Odisha.  Looking for alliance at the time of election shows that the party has not groomed its grassroots level workers into potential leaders.  The state BJP leaders woke up and convinced the Central leaders that they are capable of going solo; the alliance was stillborn. The question is can BJP defeat BJD which is firmly rooted in Odisha after launching piles of populist programs in the state.