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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.

Why is Mamata Seeing Ghost of Bangladesh?

Aug 27, 2024
4 min read

Updated: Oct 21, 2024

Why is Mamata Seeing Ghost of Bangladesh?

Mamata is seeing a ghost of Bangladesh behind the massive outrage and waves of protest over rape and murder of the trainee doctor. And the reasons are many.

It’s been over a fortnight. Yet with each passing day the voice of protest is getting louder and stronger. From the streets of Kolkata it’s pouring into roads of hinterland. The cry for justice for a rape victim has consolidated into a wail of demands to set a lot of wrongdoings right. Here in lies the fear and trepidation. Wasn’t the issue that brought the youth of Bangladesh out on the thoroughfares a simple, innocent one of quota reform?

The chief minister of Bengal, known for understanding the pulse of people better than many, was quick to read the signages floating in the political horizon.

The most obvious reason for her to be tensed is that both the regime change in Bangladesh and the mass protest in Bengal, were student-driven to begin with. The two incidents---end of 15 year old Sheikh Hasina government and turbulence in West Bengal, over the heinous crime, falling back to back, the first on August 5th and the latter from August 9th onwards, give natural scope for comparisons. More so, because in both the cases the movement strayed beyond an affected constituency to include aggrieved people at large, cutting across socio-economic demography. If the quota reform protest started by students in Bangladesh became a mass uprising against an autocratic regime, the campaign demanding justice for the rape victim and overall safety and security of women in Mamata Banerjee’s Bengal soon snowballed into a movement of no-confidence against the government. Slogans--”Mamata must resign” also got floated in social media much in line with the call for ouster of Sheikh Hasina. In fact “Resignation of Hasina” became the single point agenda into which all other fringe demands coalesced.

Incidentally, even before people started drawing parallels, that there could be a thread of commonality in the way the upheaval in Bangladesh and Bengal played out, Mamata was quick to point out that the Opposition were trying to pull off a Bangladesh by politicizing the tragic incident: “A coordinated approach has been executed by the BJP and the CPIM with support from the Centre to defame Bengal and exploit the situation....They want to make a Bangladesh here. They are taking cues from student unrest in Bangladesh and are attempting to capture similarly. I have no longing for the chair. I came here to serve people.”

Not only Mamata, her political lieutenants are consistently equating the turmoil in Bengal with the mayhem in Bangladesh. Cabinet minister for North Bengal development Udayan Guha threatened to take stern action against those, who would be trying to exploit the situation by emulating a Bangladesh like movement. “ Even after the hospital was vandalised, the police did not open fire on anyone. The police will not allow a Bangladesh type situation. We will not allow Bengal to turn into Bangladesh, Guha thundered.

Is the government’s fear unfounded?

Apart from the similarities on ground zero, as to how and where the future course of events are heading to, there are ample reasons for Bengal to mull on-- as to what led to a Bangladesh like boiling point. To begin with, it’ll be appropriate to talk of Bangladesh and the prevailing situation, that made the students’ protest become big in magnitude. The students were out on the streets because of a high reservation in public jobs. Unemployment and stagnant job market in private sector coupled with a high rate of inflation drove the educated youth to rebel against the government.

But soon the students found enormous number of sympathisers, who were equally at the receiving end. According to Bangladesh citizens, the last two terms of the Sheikh Hasina government were a mockery of democracy. Even elections would be compromised. As Hasina grew from strength to strength, she politicized institutions. The rank and file of police owed allegiance to the ruling dispensation. Extortion, harrassment and raids by police and people in power became rampant. An atmosphere of fear and repression reigned and people got restless to overthrow the government.

Politicization of institutions has been happening in Mamata government too. Allegations are quite strong that police in Bengal functions at the beck and call of political bosses. The lapses and alleged loopholes on the part of police in handling the rape and murder of the young doctor have yet again revealed a sense of confused or misplaced loyalty.

But above everything else both Hasina and Mamata governments allegedly seem to have twined in accepting corruption as a way of life. In Bangladesh jobs of primary and secondary teachers got sold at premium, Rs 10-12 lakh in the Hasina regime. Even police had to pay up for prized postings and transfers. In Bengal busting of the teacher’s recruitment scam has revealed how unsuccessful and ineligible candidates got government jobs in schools in exchange of bribes.

Similarities are multiple and inescapable. Mamata has good reasons to be apprehensive. It’s not only she, who can see and connect the dots. People, out on the streets, clamoring for justice, can see a providential pattern somewhere in the unfolding of future events in these two places-- Bangladesh and Bengal. True, they share more than 2,217 odd km of border. They share the same umbilical cord, other than language, culture, ethos, icons. Even emotions are the same. So she cannot take any risk.

(The writer is a senior jounalist based in Kolkata. Views personal)

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