Former judges and senior advocates have written to Chief Justice of India NV Ramana to take suo motu cognisance on reported incidents of illegal detention, bulldozing of residences, and police action on protesters agitating against certain objectionable remarks made by now suspended BJP spokespersons.
“The letter petition is being presented as an urgent appeal to the Supreme Court of India to take cognisance of the recent incidents of violence and repression by state authorities on citizens of Uttar Pradesh,” they wrote.
The letter petition has been signed by former Supreme Court Judges B Sudarshan Reddy, V Gopala Gowda, AK Ganguly, Delhi High Court former Chief Justice AP Shah, Madras HC's retired Justice K Chandru, Karnataka HC's retired Justice Mohammed Anwar, former Law Minister Shanti Bhushan, noted lawyers Prashant Bhushan, Indira Jaisingh, Sriram Panchu. Chander Uday Singh and Anand Grover.
The detailed letter said, “Instead of giving protesters an opportunity of being heard and engaging in peaceful protests, the UP State administration appears to have sanctioned taking violent action against such individuals. The Chief Minister has reportedly officially exhorted officials to take such action against those guilty that it sets an example so that no one commits a crime or takes the law into their hands in future.”
It added that the Uttar Pradesh CM has further directed that the National Security Act, 1980, and the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, be invoked against those found guilty of unlawful protests.
It is these remarks that have emboldened the police to brutally and unlawfully torture protesters, the letter petition added.
“Pursuant to this, the UP police have arrested more than 300 persons and registered FIRs against protesting citizens. Videos of young men in police custody being beaten with lathis, houses of protesters being demolished without notice or any cause of action, and protesters from the minority Muslim community are chased and beaten by police, are circulating on social media, shaking the conscience of the nation,” said the petition.
It said that such a brutal clampdown by a ruling administration is an unacceptable subversion of the rule of law and a violation of the rights of citizens, and makes a mockery of the constitution and fundamental rights guaranteed by the State.
“The mettle of the judiciary is tested in such critical times. On many occasions, including in the recent past, the judiciary has faced such challenges and emerged with distinction as the custodian of the rights of the people. Some recent examples are suo motu actions taken by the Supreme Court in the migrant workers' matter and the Pegasus matter” it added.