Delhi law Minister Somnath Bharti and his associates might land in a soup in the wake of controversial raid conducted by them and forcing the Delhi Police to act against the Nigerian nationals on mere suspicion of the Minister. legal experts said that confinement of the Nigerian nationals by Bharti and his supporters for medical examination was illegal as the law of the land provides every individual to live freely in the country irrespective of their origin or nationality. Further, it amounted to outraging the modesty of women. They suggested that the victims could approach the court seeking action against the law Minister of Delhi for the ill-treatment they were meted out with.
“The victims can approach the court and file a petition against them. The act of the Minister is a violation of the Article 21 that allows one to live freely in the country. An element of doubt does not allow an individual to search or allege something on anyone. No one can oppose the rule of law and decency can’t be forgotten,” said Additional Solicitor General AS Chandhiok. He said Article 21 of the Indian Constitution provides protection of life and personal liberty and that no person can be deprived of his life or personal liberty except according to procedure established by law.
Noted criminal lawyer KK Manan not only termed Minister’s conduct illegal but also unethical and lamented that despite being a lawyers, he had little knowledge of the law and laid procedures. He also said the raid conducted by the Minister provided sufficient ground for lodging a criminal case against him. “The act of the Minister and his men falls within the definition of illegal detention. It is the job of the police and not the Minister. There is a protocol and that should be followed. A criminal case should be executed against Bharti. He does not know the law and doesn’t behave like a lawyer. This is unethical on his part,” Manan said.
Voicing similar opinion, senior criminal lawyer Geeta luthra said criminal action against Bharti and his aides could be taken under section pertaining to wrongful confinement, wrongful restrain and outraging the modesty of a woman. “The right of life and liberty includes the right to live with dignity and the protection of one’s dignity and bodily integrity. This is a fundamental right which is the basis of democracy,” she said. Meanwhile the Nigerian nationals alleged they were forced to stop when they were returning in a taxi from a party in Noida.
“The Minister and his men who were dressed in plainclothes forced us to get a medical done. They dragged us and beat us up also and took us to the police station. We were captive in the taxi for three hours. The policemen were helpful and were trying to explain them not to do this to us,” the victim told The Pioneer.