Miscarriage of justice

158

murali772 - 23 February, 2009 | governance | Police | Democracy | Mangalore | Reforms | Analysis | judiciary | Justice

Whereas the magistrate should have been pulling up the police for not charging the perpetrators of the violent incidents targeted at women under more stringent sections, it is totally shocking that he has instead chosen to direct the police to register an FIR against Ms Renuka Chowdhry, and all just for stating that "Mangalore has been Talibanised".

TOI report excerpts:

A Mangalore court on Wednesday directed the police to register an FIR against union minister for women and child welfare Renuka Chowdhury for her reported remark that "Mangalore has been Talibanised" in the wake of the attack on women at a pub here on January 24 by Sri Ram Sene activists.

For the full report, click on:
http://timesofindia.indiatimes.com/Court_directs_police_to_file_FIR_against_Renuka_Chowdhury/articleshow/4150421.cms?TOI_latestnews

Now, whereas the magistrate should have been pulling up the police for not charging the perpetrators of the violent incidents targeted at women under more stringent sections, perhaps like the ones charged against Ms Renuka Chowdhry, it is totally shocking that he has instead chosen to direct the police to register an FIR against the minister, and all just for stating that "Mangalore has been Talibanised".

This is plain miscarriage of justice. What about the minister's basic right to freedom of speech?

And similar deeds, particularly by magistrates in small towns, have been repeating far too frequently in the recent past, the victims largely being women celebrities - Khushboo, Shilpa Shetty, being some examples that come readily to mind. The question that arises is how come the higher judiciary is not intervening to put a total stop to this nonsense.   

Muralidhar Rao


COMMENTS

It will happen..

Vinay - 23 February, 2009 - 16:28

If this issue is really taken forward, then Renuka will take this to the higher courts. Then we will see. I am no fan of Renuka personally, my stance towards her is, in general, 'neutral', but I fully support her with regard to this issue.

Karnataka Minister Ramchandra Gowda is taking the same line when defending himself on the recent incident at the innauuration of a Modern Art Gallery in Bangalore. Based purely on what I have read in papers, his speech contained a line without taking any names, it conveyed his thoughts. Now, is anything said by a minister his or her personal opinion, or official line of the government?

When and when not do the ministers have the freedom of speech? If they say anything in personal capacity, they should have that freedom, whether its Renuka ma'am talking Mangalore or R C Gowda talking Modern Art. But when is it personal, and when exactly official?

If you ask me, this defamation stuff is going a bit too far. What exactly is fame? And what exactly are derogatory words in this day and age of light-speed connectivity? Talk is so loose. Newspapers use "sources on the conditions of anonymity", Politicians use the shields of their parties to attack personalities, and we all talk much more derogatory talk in personal gossip circles.

Unless me saying something bad about you costs you a material or physical loss, whats the legal ground for "defamation". How do the courts define "fame"?

alarming development!

murali772 - 24 February, 2009 - 07:57

Exactly, SB. My question also is "why are the courts even entertaining such frivolous cases, whose only purpose is harassment, since prima facie they do not have any merit?".

And, even more alarming is this new development, where none less than the Supreme Court has held that "bloggers may face libel and even prosecution for the blog content". This was while the defendent, a blogger based in Kerala, was seeking quashing of the criminal complaint registered by the Maharashtra Shiv Sena youth wing's state secretary at Thane police station in August 2008 based on which FIR was registered against the defendent under Sections 506 and 295A pertaining to hurting public sentiment.

For the full story, click on:  http://timesofindia.indiatimes.com/India/Bloggers-can-be-nailed-for-views/articleshow/4178823.cms

Any one can start a case against any of us now, and we will all be left doing the rounds of the courts perpetually. May be the civil society needs to take this up collectively with the higher judiciary.

Muralidhar Rao

how come they got off on bail?

blrpraj - 26 February, 2009 - 06:32

Friends,

Has anybody figured out how did the Mangalore pub incident hooligans get off on bail?  I don't want to tell you I told you so...but I had predicted this in one of my earlier posts. I am least bit surprised that they made a guest appearence in police station/prison and got bail. The biggest joke is that a case has been filed against Renuka Chowdhary because she made the mistake of calling a spade a spade ....or...shall  i say ..for pointing out that the emperor has no clothes?

thanks
-blrpraj a.k.a  bialterminal 


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