The fact that certain columns of the Indian Penal Code are used as a tool by the state government to file cases against its opponents, is nothing but an attack on the Freedom of Expression, by the government.
Disturbing incidents of the police hunting prominent human rights activists all over the state by registering non-bailable cases against them under IPC Sections 153 A, B and 295, have been taking place. The Government has not exempted even women activists of a human rights protection organization like PUCL, from such a campaign with ulterior motives. Journalists and political opponents of the government are fixed in cases.
At the same time, the government is seeing to it that the cases registered against ABVP, RSS, Bhajrangdal and other Sangh Parivar organizations, under the very same sections, are withdrawn either through courts or through a cabinet decision.
The government action of registering cases and arresting those who are against it and of withdrawing cases against people it needed, is a clear cut case of misuse of power. Ever since the BJP government came into existence two years ago, it has been withdrawing in installments over 100 cases registered against Sangh Parivar men for disruptive activities all over the state. But, this benefit has not been extended to organizations against the Sangh Parivar, progressive people and journalists. Not only that, the fact that fresh cases are filed against the opponents of the government is a clear proof to the biased policy of the government.
Have the CM and his men who while assuming office have taken the path that they would function without any bias and prejudice and would consider all citizens as equals, acted accordingly ?
There is no doubt that such acts would lead to a constitutional crisis. There is a need for the social organizations and independent media to raise a voice against this act of the government in facilitating the Sangh Parivar men while fixing social activists in false cases. It is also not advisable for the governor to remain neutral in such a situation. He should seek a report from the government in this regard and warn the government against misuse of power.
When it comes to light that the legislature and the executive are functioning according to their whims, the Judiciary and the Independent Media considered the fourth pillar of the Constitution, should noose the government. But achieving this is next to impossible in the present circumstances. The civil society has great expectations from the governor who has clarified on more than one occasion that he would not allow the government to go astray.
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