Woman disrespects Bal bandh on Facebook, friend ‘likes’: both arrested under IPC & IT Act, Katju threatens CM

Liking things online can be hazardous
Liking things online can be hazardous

A 21-year-old woman and her friend were arrested for allegedly posting and endorsing a comment on Facebook that was critical of the two-day bandh following the death of Mumbai politician Bal Thackeray on Saturday, according to several independent media reports.

“Her comment said people like Thackeray are born and die daily and one should not observe a bandh for that,” police inspector Uttam Sonawane told the Mumbai Mirror, which first reported the news in a short story this morning. Her alleged criticism was referring to the de facto shutdown of India’s financial capital for two days from Saturday, which was supported by some Thackeray sympathisers and mourners.

The Mirror wrote that the two women, one of whom had ‘liked’ the comment on the social media platform, were arrested on Sunday and booked under Section 295(a) of the Indian Penal Code (IPC) - hurting religious sentiments - and Section 64 (a) of the Information Technology (IT) Act 2000.

As first pointed out by Medianama, the specific section of the IT Act was likely to have been misreported, more probably having intended to refer to section 66A which criminalises electronically communicated information that is “grossly offensive” or “has menacing character”, as well as any message sent “for the purpose of causing annoyance or inconvenience”.

Section 295(a) of the IPC covers “deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs”.

NDTV journalist Sreenivasan Jain said on Twitter at 10:44am that no arrests had actually taken place and that the police was merely “looking into it”, but just after 3pm he tweeted that an NDTV reporter had independently confirmed the story. NDTV and several papers later carried copy by the French wire Agence-France Presse (AFP) that substantially confirmed the Mirror’s story of two arrests having taken place.

The AFP was told by police inspector Shrikant Pingle that “the two women will be produced in a local court later this afternoon. They are being charged for hurting religious sentiments”.

NDTV reported at 4:20pm that the women were granted bail after paying Rs 15,000 each.

Meanwhile, former Supreme Court justice Markandey Katju, who now heads the Press Council of India (PCI), blogged that he has written a letter to Maharashtra’s Chief Minister requesting him to:

[…] immediately order the suspension, arrest, chargesheeting and criminal prosecution of the police personnel (however high they may be) who ordered as well as implemented the arrest of that woman, failing which I will deem it that you as Chief Minister are unable to run the state in a democratic manner as envisaged by the Constitution to which you have taken oath, and then the legal consequences will follow.

The AFP also reported:

Ironically, after a police complaint was filed by a local Shiv Sena leader, Sena activists allegedly vandalised her uncle’s medical clinic, broke window panes and flowerpots. No action has been taken as yet against the Shiv Sainiks who allegedly vandalised the clinic, though police complaint has been filed.

Comments

XYZ 19 Nov 2012, 11:23
+1 -0
Welcome to Banana Republic :-)
1984? 19 Nov 2012, 11:25
+1 -0
Big Brother is watching...
aa 19 Nov 2012, 11:34
+14 -0
Justice Katju - Ohh how brilliant would it have been had you still been on the bench. Suo moto action against the police. Wake Up the current bench warmers. what is the Bombay High Court, Supreme Court doing. I have no comments on the spineless government
suo moto? 19 Nov 2012, 13:03
+0 -0
Suo moto action? It cannot do so. there is a proper procedure to be followed.
Yes, Suo Moto 20 Nov 2012, 08:55
+0 -0
S.C. is very much empowered to take suo moto cognizance in such matters. Moreover, it is a blatant violation of fundamental rights/human rights/procedure of law. Prima facie, there was offence committed by the girl to be either detained or arrested.
aa 29 Nov 2012, 13:51
+0 -0
[quote name="suo moto?"]Suo moto action? It cannot do so. there is a proper procedure to be followed.[/quote]

What procedure are you talking about. See http://www.ndtv.com/article/india/supreme-court-accepts-student-s-petition-challenging-section-66-a-298768

By the looks of it you know more than the CJ"He said in court, "We were wondering why no one has approached the Supreme Court (over this) and even thought of taking up the issue suo moto."
Wise One 19 Nov 2012, 12:01
+10 -0
".....booked under Section 295(a) of the Indian Penal Code (IPC) - hurting religious sentiments...." - so which religion has been offended exactly? The last I checked Shiv Sena was a political party....
PR 19 Nov 2012, 12:06
+6 -0
"Like" a status update and get arrested..where else would you have it?
Sandeep 21 Nov 2012, 05:15
+1 -0
[quote name="PR"]"Like" a status update and get arrested..where else would you have it?[/quote]
Some parts of North Korea
Just asking 19 Nov 2012, 12:20
+3 -0
The girl did no wrong. But pardon my inquisitive mind, why would you have shiv sainiks in your friend list? And even if you do not, you can always restrict the number of people who can view this?
Relevance? 21 Nov 2012, 04:28
+0 -0
How is restricting the no. of people who can view the post relevant? Isn't the whole point that people should be able to speak freely?
Jail Bharoo 19 Nov 2012, 12:33
+2 -0
Welcome to Balocracy!

Wonder if Kian / LI is also filtering comments based on that?
scooter 19 Nov 2012, 15:27
+5 -0
14th November has always been celebrated as Bal Diwas
A . Sheik Mohamed 19 Nov 2012, 15:46
+1 -0
This act is wholly condemnable. Even Britishers who ruled our country once upon a time shall never do this. How can one be jailed just because he/she is not agreeing with the paralyzing of Life in Bombay by organizing Bandh citing sorrowfulness for demise of a popular Leader. Is expression of one's opinion is face book is a sin/crime? It seems that the Maharashtra wants to please somebody or to want to gain cheap publicity.
Pankaj 19 Nov 2012, 16:51
+0 -0
C'mon Maha, wake up.. Dnt be entalgled with orthodox. Your acts would become a blot on democracy.Broaden your thinking for the nation and dnt be region specific.
Lazy or just incompetent... 19 Nov 2012, 17:27
+1 -0
How many Shiv Sainiks does it take to destroy a hospital?

1...

2...

No. 3000!!!

Laziness or just incompetence? Hmmmm?
On HMs Secret Service 19 Nov 2012, 18:27
+3 -0
I think it has been adequately proved that we are a 'banana republic' and that democracy is only a sham. There is a very simple solution. Go back to being a Dominion. Bring back the Her Majesty The Queen. Get some semblance of authority.

There you go. I just said it.

Now debate over it!
Me 19 Nov 2012, 18:35
+0 -0
This is precisely what this State is, insecure and spinelesCrucify the judge who felt these ladies required bail. They should have been released immediately.s.
Free speech 20 Nov 2012, 06:40
+0 -0
Katju Volume II

http://justicekatju.blogspot.in/2012/11/letter-to-maharashtra-cm-ii.html?m=1
No Democracy 20 Nov 2012, 07:18
+0 -0
Must we mention the obvious, there is no democracy, there never was, its time the banana is snatched from the hands of the people running this ‘banana republic’. Nothing is going to change in our lifetime, we can just spend some time in office, in venting our frustration at the state of affairs we are in. We have a crazy bunch of parochial regressive minded lunatics running the show. It was the girl’s honest opinion to not cripple city life. There were so many people who live day to day, their children slept hungry? Some of us did as well, as ATM’S were even shut down!, let alone basic amenities shops. Whether the shutdown was out of respect or fear is a moot question, best left unanswered. Respect can be shown in many other ways. I could still show respect by working. And I do respect the leader. We have a habit of getting too carried away with emotions and have our rationale thoughts cluttered with all sorts of factors. And frankly, it would be unfair to blame Shiv Sena for it. Unauthorized action was probably taken by a bunch of party workers desperate for some limelight. Some of these clonies have become self acclaimed representatives of the masses. For now, don’t say, don’t hear or don’t do anything. Incompetence coupled with arrogance has resulted in a lethal recipe in every walk of public life. Just quietly suffer. Hope these comments are filtered and we are not arrested for these posts.
cozmic 20 Nov 2012, 11:12
+0 -0
People on this forum and the rest seems to trumpeting about freedom of speech, regionalism, banana republic and so on may be because a party like shiv sena, mns or "marathi" is involved...first of all m not a sena follower, commenting in such a downward manner after the death of someone doesn't even suit for people who call themselves as a part of democracy, i agree there is guaranteed freedom of speech..but there should be few restrictions for the same because there is a stated right doesn't mean that we own that without any qualification..fyi there was no bandh in mumbai or elsewhere in Maha but people voluntarily avoided streets and the reason u all must have seen on all news channels(now pls dont say those were paid news)...though i personally never followed thackreys or sena's ideology but here in maharashtra every household use to eagarly wait for his cartoon in "marmik" no matter which ideology they followed..so there was a kind of respect may not be for politician in him but for an artist, who uprooted communists from maharashtra just with his brush strokes...
Jai Maharashtra! 21 Nov 2012, 09:29
+4 -0
What more can be expected from hooligans who wreak havoc in the lives of the innocent public all in the name of uplifting the State and paying "respect" to the departed soul. Respect is one thing. Forcing the poor girls to apologize and fear for their lives even when what they said wasn't all that 'offensive' or 'disrespectful' or 'derogatory'. Makes me wonder are we really living in 21st century in a 'democratic India'? What ever happened to Freedom of Speech and Expression? There's just one thing these hooligans need to understand-- "Grow up dude! Get a life?"
T2 22 Nov 2012, 05:24
+0 -0
sad day for democracy! really sad
Anonymous 22 Nov 2012, 09:43
+2 -0
Next time you bloat about how in India we have so much more freedom than China, remember this incident.

We seem to be doing a good job in taking the worst from all countries and pushing ourselves down further.
Jai Maharashtra! 23 Nov 2012, 13:52
+1 -0
True...and its such a shame. instead of taking new steps forward towards progressive thinking, certain elements believe in taking ten steps backwards. Its sad that on one side these are the very people who talk about rights, liberties and how they're working towards the welfare of the citizens; and on the other, they are the same ones who don't hesitate once in indulging in hooliganism and unnecessarily disturbing the peace of the society.