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By:

Quaid Najmi

4 January 2025 at 8:56:24 pm

HC denies shield to anti-CEC protesters

Court says it will intervene if specific illegalities are brought to its notice Mumbai: The Bombay High Court on Tuesday refused to pass blanket orders against police detentions of people protesting against Chief Election Commissioner Gyanesh Kumar, while assuring that it would take action if specific illegalities are brought before it. The court was hearing a petition filed by advocate Sagar Devre, who alleged that Mumbai police illegally detained hundreds of peaceful demonstrators,...

HC denies shield to anti-CEC protesters

Court says it will intervene if specific illegalities are brought to its notice Mumbai: The Bombay High Court on Tuesday refused to pass blanket orders against police detentions of people protesting against Chief Election Commissioner Gyanesh Kumar, while assuring that it would take action if specific illegalities are brought before it. The court was hearing a petition filed by advocate Sagar Devre, who alleged that Mumbai police illegally detained hundreds of peaceful demonstrators, including women and students, who took out marches in solidarity with agitations in the national capital over the weekend. Advocate Manish Tomar, representing the petitioner, urged the court to issue an interim order restraining the police from making further detentions during peaceful demonstrations. A division bench, however, declined the plea for a general stay on police action.
Court’s Assurance "We cannot pass a blanket order saying no person shall be detained. You point out if there is any such instance, we will take care. We will not permit anything wrong," the court observed. Additional Government Pleader Manish Upadhye sought time to seek instructions from the concerned authorities on the claims made in the petition. Accepting the request, the high court adjourned the matter and posted the plea for further hearing on October 19. Devre's plea sought protection of the fundamental rights of citizens, peaceful demonstrators, lawyers and others in connection with the protests in the national capital against the CEC. Terming it as an issue involving the fundamental right of people, the PIL said it was filed to protect a simple freedom of every Mumbai resident citizens – to walk freely on the city roads, to stand peacefully with others, or to stay in one’s home “without being lifted and carried away” by the police without an individual reason. It mentioned how students were allegedly picked up from their homes in connection with protest cases dating back to July 2026, which the petition said had already been quashed by the Supreme Court. Making it clear that the challenge was not against the police’s legal authority to regulate public assemblies or the political positions taken by protesters, the petitioner claimed it was to question the practice of detaining people without individualised, lawful and recorded reasons, or using previously quashed cases and past detentions against them. Invoking Article 14 of the Constitution, which guarantees equality before the law, the plea argued that coercive action based merely on a person's association, appearance on a list, previous detention or presence in a public place would amount to arbitrary state action. It further contended that a quashed FIR could not be used as a continuing basis for hostile discriminatory treatment as a ‘permanent mark’ against a citizen since "a quashed FIR is no FIR at all”. The PIL seeks the court's declaration as 'unconstitutional' the sweeping detention of peaceful demonstrators, pedestrians and others without lawful individual justification. It seeks an independent inquiry into the alleged police excesses, preservation of CCTV footage, police records, a verified list of the detenus and framing of standard operating procedures to govern policing action during mass-protests. Long detentions The petitioner contended that the detentions went beyond the demonstrators to include bystanders and passers-by, among them women, a mother with a child and a senior citizen. Among those detained included Mahatma Gandhi’s great-grandson Tushar Arun Gandhi, his daughter Kasturi, actor Imran Khan, activists Feroze Mithiborwala, S. L. Guddi, scores of youth and students, though they were released after several hours of detention by various police stations.

BJP Boost

Correspondent
Oct 9, 2024
2 min read

Updated: Oct 22, 2024

As the dust settles over the recent Assembly elections, the BJP, defying anti-incumbency prediction of political Cassandras and exit polls, is set for a historic third term in Haryana. This will buoy the party after its underwhelming performance in the Lok Sabha polls. The Haryana outcome not only reinforces the BJP’s foothold in national politics but also presents a counter-narrative to the INDIA bloc’s post-election fervour.

Despite the bogey stoked by lingering farmer protests and discontent surrounding the controversial Agniveer scheme, the BJP strategically diversified its approach, relying not solely on Prime Minister Narendra Modi’s star power—evidenced by his reduced number of rallies—but also on a ground-level consolidation of anti-Jat votes. The Congress’s over-reliance on the Jat community backfired, rallying other groups against it. Interestingly, the Dalit vote, which the Congress anticipated would tilt in its favour, has not completely abandoned the BJP.


At the forefront of the BJP's campaign was Chief Minister Nayab Singh Saini, whose relatively short tenure allowed him to distance himself from the decade-long rule of the previous administration. By introducing measures to benefit the backward classes, including a significant income limit increase for OBC employment from Rs. 6 lakh to Rs. 8 lakh, the BJP effectively shifted the narrative in its favour. Their mantra of ‘bina parchi, bina kharchi Naukri (promising jobs without bribes) resonated with voters.


The BJP’s rejuvenated team, led by key figures such as Union Minister Dharmendra Pradhan and state leaders, has seemingly addressed concerns that arose following its poor showing in the Lok Sabha elections. The incorporation of new candidates in place of established leaders provided a fresh face that contrasted sharply with the Congress’s decision to recycle incumbents.


In contrast, in Jammu and Kashmir, the National Conference, in alliance with the Congress, having crossed the majority threshold, reclaimed its historic dominance and is set to form the government. Here, the BJP’s performance in the first Assembly election held after the abrogation of Article 370, fell short despite its strenuous attempt to position itself as a proponent of development.


The electorate’s apparent rejection of hardline factions like the PDP reflects a nuanced response and win for democracy. Notably, the results have shown a significant rejection of separatist candidates, including those from Engineer Rashid-led Awami Ittehad Party and Jamaat-e-Islami, who failed to make a meaningful impact in the polls.


The BJP’s emphatic victory in Haryana redeems its Lok Sabha misstep but also signals a broader political resurgence, giving the party renewed vigour to march into future contests like the crucial Maharashtra Assembly election.

 
 
 

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