Across the Corridor by P Chidambaram: Whose Law, Whose Order?

Congress General Secretary Priyanka Gandhi at Maharishi Valmiki Temple in Lucknow (PTI Image)

The words sounded loud and clear, sublime, almost dramatic: We, the people of India……. Give yourself this constitution. And we have given ourselves a constitution for liberty and fraternity, among other purposes, to secure all.

The Preamble to the Constitution of India should be compulsorily read for every officer, minister, chief minister and prime minister. All took oath under the constitution. Its first duty should be to secure liberty and promote fraternity. To enable them to do so, we created a Parliament (for India) and a Legislature (for each state). We entrusted the State Legislature to make laws on ‘Public Order’ and ‘Police’ and both Parliament and Legislature to make laws on ‘Criminal Law’, Criminal Procedure’ and ‘Preventive Detention’.

people’s orders

We made an executive to enforce the laws. We curtailed the powers of the executive by including the ‘Fundamental Rights’ of the citizens and warned them that

“No person shall be deprived of his life or personal liberty except according to procedure established by law.”

We ordered the executive to see that

“No person arrested shall, as soon as may be, be detained without notice of the reasons for such arrest, nor shall he be deprived of the right to consult and defend a legal practitioner of his choice.” Will be done. “

We further ordered the executive to see that

“Every person who is arrested and kept in custody shall be produced before the nearest Magistrate within a period of twenty-four hours of such arrest……and any such person shall be detained without the authority of the Magistrate beyond the said period. will not be kept in “

The sermons were like “mice and men’s best plans” by Robert Burns. It was our mistake that we did not take into account the situation in Uttar Pradesh!

first tragedy, then comedy

Eight people died in the tragic incident in Lakhimpur Kheri – four farmers were killed in the violence that followed the death of an SUV and four other farmers. It is natural that political leaders will try to visit the village and meet the families of the victims. They have every right to do so because that’s what we understand from Liberty. The fraternity sympathizes with the bereaved families.

Ms. Priyanka Gandhi Vadra, General Secretary CongressLakhimpur was going to Kheri, when she was stopped near Sitapur. Some facts related to Prohibition are not disputed: Monday, October 4, was at 4.30 a.m. He was told that he was being arrested under Section 151 of the Criminal Procedure Code (CrPC). She was put in a police vehicle by male police officers. He was kept in custody at the PAC guest house till the evening of Wednesday, 6 October. Between 60 hours,

• Ms Vadra was not informed of the grounds for the arrest;
• He was not given a memorandum of arrest and was not signed by him;
• He was not produced before a judicial magistrate;
• He was not given a copy of the FIR, if any;
• He was not allowed to meet his legal advisor who was at the gate for hours; And
  He was informed on Tuesday, 5 October that he has been charged under sections 151 of the CrPC and sections 107 and 116 of the Indian Penal Code.

I have lost count of the number of provisions of the law that were violated. If you have intellectual curiosity, please obtain copies of the Constitution, CrPC and IPC and refer to Articles 19, 21 and 22; Sections 41B, 41D, 46, 50, 50A, 56, 57, 60A, 151 of CrPC, specifically sub-section (2) and 167; and sections 107, 116 of the IPC.

Ignorance or freedom from punishment?

It seems to me that the concept of law and order has a different meaning in Uttar Pradesh, whose Chief Minister is Mr. Adityanath. There is a law – it is Mr. Adityanath’s law, not Indian law. The orders are, in fact, several orders – they are orders of Mr. Adityanath, not valid orders. Police maintain law and order – Mr. Adityanath’s laws and Mr. Adityanath’s orders.

Let’s take the last pearl of police wisdom – the allegation. There is no offense under section 151 of CrPC and hence no one can be ‘charged’ under that section.

Sections 107 and 116 of the IPC pertain to abetment. They cannot be the only charges. The charge of abetment matters only if the police name the person who was abetted or the offense which was abetted. It seems that no one in the police has noticed this critical lapse. The allegation, as it stands, is ridiculous.

The only explanation can be that either the UP Police is not aware of the Constitution or the laws (Artha, ignorance) or the UP Police does not care about the Constitution and the laws (Artha, impunity). Either explanation casts a dark shadow on the UP Police which has several DGP rank officers. From highly placed police officers to humble constables, they deserve a better reputation. More than anything, UP’s 23.5 crore population deserves a better police force.

Freedom is not swept away by a tsunami. It is destroyed by the waves that continuously hit its shores. Umbha (Sonbhadra), Unnao-1, Shahjahanpur, Unnao-2, NRC/CAA, Hathras and now Lakhimpur Kheri, can you see the waves?