2 Girls Arrested for FB post slamming Bal Thackeray

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I did heard that the freedom of speech is enshrined as a fundamental right.
So if such a case does arises.. cant anybody invoke that clause and ask these policeman to buzz off or something similar ?
 
Spacescreamer said:
I did heard that the freedom of speech is enshrined as a fundamental right.
So if such a case does arises.. cant anybody invoke that clause and ask these policeman to buzz off or something similar ?
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Article 19 of Indian Constitution provides Freedom of Expression but also includes measures which prevent it from being used to incite public disturbance. One such provision has been mis-used by who-so-ever registered the case.
 
Spacescreamer said:
I did heard that the freedom of speech is enshrined as a fundamental right.
So if such a case does arises.. cant anybody invoke that clause and ask these policeman to buzz off or something similar ?
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thumb rule: if any politician is involved or if the police decides to fcuk you up no law will help :P so many loose laws we have :O but having a lawyer handy is the most important remedy. their motive here is not to convict you according to law, but just to strike fear. they know very well the case wont stand court scrutiny, but the damage would have already been done.

and there are no absolute freedoms. esp. freedom of speech is subject to certain restrictions.


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@dexBG That is precisely what i want to ask.. that who decides its potentially a threat?
Tomorrow i make a comment or worse click on a simple like.. and i find the police at my door?

In my experience i have seen 99% of these police people are nothing but goons themselves who wear a police uniform. They have no knowledge of what they practice and only obey the 'Orders from above'. If they try to arrest somebody wrongfully, how or what are the measures one can take to nullify the possibility of an arrest.
 
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But to be fair, an argument on police side can be that sometimes token arrests are made so that the person in question has to be protected from being attacked by the complaint giver/aggreived group if there is any threat/perception. but this is just a lame excuse instead of giving protection.


anyway the girls were released on bail after sometime.


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Spacescreamer said:
dexBG That is precisely what i want to ask.. that who decides its potentially a threat?
Tomorrow i make a comment or worse click on a simple like.. and i find the police at my door?

In my experience i have seen 99% of these police people are nothing but goons themselves who wear a police uniform. They have no knowledge of what they practice and only obey the 'Orders from above'. If they try to arrest somebody wrongfully, how or what are the measures one can take to nullify the possibility of an arrest.
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About this incident I believe the girl was ratted out to the Police by someone on her Facebook friend's list(or lodged and FIR).
No way could all this have happened so quickly otherwise. (getting personal details of 2 girls & the arrest).
Spacescreamer - Even I'm baffled as to how this led to an arrest ..
A temporary detainment is possible if the police are notified that some person(s) is try incite disturbance, the Police can then detain the suspected person temporarily and question them .. To charge a person that person under the IPC would mean that Police should have solid evidence against the suspect.

An arrest means this case will go to court and be tried .. thus far this is extent of my legal knowledge.

Now what evidence does the Police have .. A Facebook update stored on a US Server.. ?
What about motive ... I see no such motive here.

Everything is circumstantial so far .. and based off an FIR(probably)

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Thanks for posting that kakahi .. Atleast we are seeing some swift backlash following this incident ..

New Delhi: Press Council of India chief Markandey Katju today demanded "immediate" action against police personnel for reportedly arresting two girls in Mumbai protesting the shutdown in the city on Bal Thackeray's demise on social networking site Facebook.

In an e-mail to the Maharashtra Chief Minister Prithviraj Chavan, he warned of "legal consequences" if the CM failed to act.

"I will deem it that you as CM are unable to run the state in a democratic manner as envisaged by the Constitution to which you have taken oath and then legal consequences will follow," Katju said.

He demanded that the Chavan immediately order suspension, arrest, chargesheeting and criminal prosecution of the police personnel responsible for arresting the women allegedly on the ground of hurting sentiments.




"To my mind it is absurd to say that protesting against the bandh hurts religious sentiments. Under Article 19 of our Constitution, freedom of speech is guaranteed fundamental right. We are living in a democracy, not a fascist dictatorship. In fact, this arrest itself appears to be a criminal act since under sections 341 and 342, it is a crime to wrongfully arrest or wrongfully confine someone who has committed no crime," he said.

The two Mumbai girls were ordered by a court to 14 days in jail for their Facebook post. They were bailed within hours of being arrested after paying two Rs. 15,000 bonds.
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dexBG said:
A temporary detainment is possible if the police are notified that some person(s) is try incite disturbance, the Police can then detain the suspected person temporarily and question them .. To charge a person that person under the IPC would mean that Police should have solid evidence against the suspect.

An arrest means this case will go to court and be tried .. thus far this is extent of my legal knowledge.

Now what evidence does the Police have .. A Facebook update stored on a US Server.. ?
What about motive ... I see no such motive here.

Everything is circumstantial so far .. and based off an FIR(probably)

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Absolutely.
There is no concrete evidence to show that there was any motive to incite/cause disturbance. Just a random post and the police has enough case to lodge them into the jail. Once a case is registered, it will go to the court and thus will be dismissed for lack of any solid evidence/grounds.

So all in all.. anybody can use a smartly devised FIR and ask the police to go n pick up a citizen on a whim ? Doesnt the 'accused' have anything to protect him and refuse an arrest in the first place itself..?

@Kakahi
I dont think there is any stipulated time, only after which u can obtain a bail.
 
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But listen to this article.
"The girl withdrew her comment from Facebook and also apologized for having posted it, a mob of some 2,000 Shiv Sena workers attacked and ransacked her uncle's orthopaedic clinic."

Source
@Spacescreamer
But what do you wanna say about this article.
 
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Spacescreamer said:
Absolutely.
So all in all.. anybody can use a smartly devised FIR and ask the police to go n pick up a citizen on a whim ? Doesnt the 'accused' have anything to protect him and refuse an arrest in the first place itself..?

Kakahi
I dont think there is any stipulated time, only after which u can obtain a bail.
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Apparently the case went to Judge who ordered a 14 day remand for the Girls before the actual trial would begin.
This is a gross misuse of the law somehow its unbelieveable how the judge didnt throw out the case at the first instance.

Surprisingly, The action of the court suggests they believed that there is merit to the case and 14 day remand is for the Police to put together a proper case.

The FIR was lodged by a Shiv Sena leader.


I am pretty sure the case will get thrown out due to lack of evidence by the Police ..

Also
"In fact, this arrest itself appears to be a criminal act since under sections 341 and 342, it is a crime to wrongfully arrest or wrongfully confine someone who has committed no crime" - Press Council of India chief Markandey Katju
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Kakahi said:
Spacescreamer
But what do you wanna say about this article.
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Facebook Post - Arrest
Facebook like click - Arrest
False FIR - Arrest

Where are my rights..? Rather What are my rights..?

As the new features keep popping up.. we are eveready to use them. Our govt, or be it our police are lightyears away from understanding these features or their positive implications. All they know it that its another medium to express one's opinion and hence people should be prohibited using them.
I dont want to use all these social media things w.o having a little knowledge about what i should expect. Today it happened with those girls, tomorrow any stupid 'like our page for promotion' can land me/family members in a soup.

I know few Lawyers are here. Maybe their knowledge + other geeks who can throw other relevant technical know how may let me increase my awareness a lil more.


Apparently the case went to Judge who ordered a 14 day remand for the Girls before the actual trial would begin.This is a gross misuse of the law somehow its unbelieveable how the judge didnt throw out the case at the first instance.


Surprisingly, The action of the court suggests they believed that there is merit to the case and 14 day remand is for the Police to put together a proper case.
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The fact that the case is so frivolous, that it seems that even a child will dismiss it. But the law enforcing/upholding agencies are making a complete mockery of such order.. one prolly has to use social media sites only upto friends/family circle maybe.
 
So all in all.. anybody can use a smartly devised FIR and ask the police to go n pick up a citizen on a whim ? Doesnt the 'accused' have anything to protect him and refuse an arrest in the first place itself..?
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You can file for a pre-emptive bail if you feel there is any Legal threat to you .. this will only avoid the trip to the Police Station and works for most 'simpler' warrants.

Citizens cannot refuse arrest .. because an arrest requires a warrant which needs to be approved by a Judge in the first place. (not entirely sure of this is mandatory .. )

Police can temporarily detain at their will if they deem it necessary ..
 
Thats going to happen to each and every common man like us, until and unless our generation takes over politics completely.
Spacescreamer said:
Facebook Post - Arrest
Facebook like click - Arrest
False FIR - Arrest
I dont want to use all these social media things w.o having a little knowledge about what i should expect. Today it happened with those girls, tomorrow any stupid 'like our page for promotion' can land me/family members in a soup.

I know few Lawyers are here. Maybe their knowledge + other geeks who can throw other relevant technical know how may let me increase my awareness a lil more.
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chiragsthakur said:
http://lawcommissionofindia.nic.in/reports/177rptp2.pdf

I guess yes, in certain circumstances it can be done without a warrant
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Thanks for looking that up mate .. :)

"41. When police may arrest without warrant.- (1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person-
a) who has been concerned in any cognizable offence, or against whom a reasonable complaint has been made or credible information has been received, or a reasonable suspicion exists, of his having been so concerned;"
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Still this begs the explanation as to how it could be considered "reasonable" ..
 
chiragsthakur said:
Thats going to happen to each and every common man like us, until and unless our generation takes over politics completely.
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For taking a politics completely means we have to involve in politics and think like a politician. It's sound interesting.
 
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