Has Raising Slogans Become Serious Offence? Bombay HC Raps Mumbai Police For Externing Political Activist
Raising voice against the Central policies or participating in marches and demonstrations cannot be grounds for externment against a citizen, affecting his fundamental rights, the Bombay High Court said on Thursday.
Setting aside the externment order on Saeed Ahmed Abdul Wahid Chaudhary, General Secretary of the Social Democratic Party of India, Justice Madhav Jamdar came down heavily on Mumbai Police, stating that initiating externment proceedings against an individual solely for staging an anti-government protest is improper.
Five cases have been registered against Chaudhary for staging anti-government protests, including those against the Uniform Civil Code. The activist had actively participated in street protests against various policies and decisions of the Central Government.
During a hearing on his petition, Justice Jamdar questioned the police about the externment order banning Chaudhary for one year. "Has merely raising slogans become such a serious offence? Do you want the entire population of the country to become slaves to the Central Government? Can they not even oppose anything? What is going on here?” the court asked.
“Exam papers are leaking one after another across the country. Will you file cases against students who protest against that too? Opposing something is a fundamental right granted to them by the Constitution. Denying this is a direct violation of Articles 19 and 21 of the Constitution,” Justice Jamdar added.
He stated that the police cannot snatch away the rights of citizens. “Everyone in this country has the right to live with dignity," he added.
Justice Jamdar sternly admonished the Mumbai Police, saying that they are servants of the people and not the CM or PM. "Keep in mind that the police are not servants of the Chief Minister or the Prime Minister, but servants of the people," he cautioned.
He also remarked on the need for punitive action against police officers who resort to such arbitrary measures. Granting significant relief to the petitioner, the Court quashed the externment orders issued against Saeed Chaudhary by the Mumbai Police Deputy Commissioner (Zone 6) and the Konkan Divisional Commissioner, which had sought to banish him from the area for a year.
Setting aside the externment order on Saeed Ahmed Abdul Wahid Chaudhary, General Secretary of the Social Democratic Party of India, Justice Madhav Jamdar came down heavily on Mumbai Police, stating that initiating externment proceedings against an individual solely for staging an anti-government protest is improper.
Five cases have been registered against Chaudhary for staging anti-government protests, including those against the Uniform Civil Code. The activist had actively participated in street protests against various policies and decisions of the Central Government.
During a hearing on his petition, Justice Jamdar questioned the police about the externment order banning Chaudhary for one year. "Has merely raising slogans become such a serious offence? Do you want the entire population of the country to become slaves to the Central Government? Can they not even oppose anything? What is going on here?” the court asked.
“Exam papers are leaking one after another across the country. Will you file cases against students who protest against that too? Opposing something is a fundamental right granted to them by the Constitution. Denying this is a direct violation of Articles 19 and 21 of the Constitution,” Justice Jamdar added.
He stated that the police cannot snatch away the rights of citizens. “Everyone in this country has the right to live with dignity," he added.
Justice Jamdar sternly admonished the Mumbai Police, saying that they are servants of the people and not the CM or PM. "Keep in mind that the police are not servants of the Chief Minister or the Prime Minister, but servants of the people," he cautioned.
He also remarked on the need for punitive action against police officers who resort to such arbitrary measures. Granting significant relief to the petitioner, the Court quashed the externment orders issued against Saeed Chaudhary by the Mumbai Police Deputy Commissioner (Zone 6) and the Konkan Divisional Commissioner, which had sought to banish him from the area for a year.