Few days back, during a discussion I said that in due time people will lose faith in protests. If AAP doesn't deliver people would hesitate before joining any nation-wide protest at least for some time. The way people are reacting to the on-going protest by AAP, it seems that we are moving in that direction only. If these senseless protests don't stop, I doubt just like many other institutions, people would doubt the intentions of activists too.
I remember AAP supporters used to say that they believe in democracy. Whenever I have had "meaningful" discussions with AAP supporters, despite clash of views and ideologies, a decency has been maintained most of the time. Obviously, in a country as big as India, differences in ideologies is bound to be there and that is essence of democracy. But it seems like AAP has completely forgotten the meaning of democracy.
Somnath Bharti says he wants to spit on opposition leaders, while Arvind Kejriwal terms himself as Anarchist. Ashutosh who recently joined AAP and in no time has become one of the most prominent leaders of AAP said on TimesNow, "Kiran Bedi should be taught a lesson." As far as I remember when I was in school, most of us saw Dr. Kalam and Kiran Bedi as our role-models. Obviously not even a fool would doubt that Kiran Bedi has been on of the best and most "honest" IPS officers. Then what is the reason AAP believes that she should be taught lesson? Just because she does not believe in the ideology that AAP propagates? Is it a crime to hold a political opinion different from what AAP wants? If a prominent personality like Kiran Bedi would be taught lesson for holding different political views, what can we, as ordinary citizens of Delhi expect from AAP, rather I should say, as ordinary citizens of India.
The people who claimed AAP would work for safety of women are doubtful. The recent incident surrounding Somnath Bharti is clear example.
The narcotics drug usage is controlled in India by "The Narcotic Drugs and Psychotropic Substances Act (NDPS Act). NDPS is a very stringent act where mere possession of drug in commercial quantity makes a person criminal. Capital punishment is mandatory under the act in case of repeated offense. There is no scope of "Mens Rea" in this. This means while in other laws, punishment is given only when mind is guilty, this act considers an individual criminal even if intention was not wrong.
As the Act is too stringent, following proper procedure by authorities while arrest and investigation is compulsory. It is necessary as such a strong law can easily be misused by police or any other authority or even person. Not following proper procedure results in suspension or termination of the involved policemen.
Some of the important procedural points are:
1. Proper Search warrant
2. No search of premises after sunset unless strong reason is recorded in writing
3. Any search of a person has to be done in front of a magistrate
4. Search party should have a female member (as in this case accused was a female)
5. State Excise/Customs, Central Excise/Customs, Central and State police forces are empowered to do the search.
Strict procedures are there to save any innocent from being trapped under NDPS.
Lets come back to Somnath Bharti case.
In this case, there was no warrant. The time was also after sunset. No officer of magistrate rank was present. If policemen had gone for search without warrant, that could have resulted in their suspension. Policemen were doing everything as per the law. It was the duty of policemen to rescue the Ugandan people from AAP mob. Also, state excise/custom also have similar power of search. If Somnath Bharti was sure of crime, why didn't he take state excise/custom which is under Delhi State Government with him.
Who gave Somnath Bharti and the mob of AAP goons to hold the Ugandan people hostage? Who gave right to the minister to force police do things as per his wish? Is interference of ministers in police action acceptable? If some person of African origin are involved in drug racket, does that mean that every person of that community should be pre-assumed as criminal? Why was Ugandan woman forced urinate in public? Is this acceptable in a civilized society? What would be your reaction if same thing happens to any Indian girl in some other country? The point to be noted is that the women tested negative for drug.
Instead of criticizing the acts of his minister, the CM is supporting him and asking for suspension of the policemen (who had followed the law). The CM is also holding a dharna (read gimmick) against the policemen. If policemen are suspended under pressure from Kejriwal's protest, will police personals in future dare to put law over minister's instructions?
Some of the links for reference:
http://www.cbn.nic.in/html/ndpsact1985.pdf
http://timesofindia.indiatimes.com/city/delhi/Somnath-Bharti-activists-charged-with-rioting-molestation/articleshow/29075836.cms
http://www.ndtv.com/article/india/in-aap-minister-s-midnight-raid-woman-made-to-urinate-in-public-472377
http://articles.timesofindia.indiatimes.com/2014-01-17/delhi/46300567_1_law-minister-sai-baba-temple-foreigners
To this Somnath Bharti tweeted: "Pl go through Sec. 42, NDPS Act and Sec. 15 of Immoral Traffic (Prevention) Act for search without warrant in prostitution and drug cases."
https://twitter.com/attorneybharti/status/424193983170883584
This is clear case of misguiding the people. The link I have cited above clearly says that the search without warrant is possible only in case of written proof and that too before sunset. But no one will dare to question Somnath Bharti, how can they? He is the mighty law minister of Government of Delhi.
He is the same person who has been indicted by court for tampering with evidence. Yes, he is not being accused by the opposition, he was indicted by "court". And what our CM has to say on this? Mr. Kejriwal says that it was misjudgement of court.
Now what I fail to understand is, that is AAP above everything else. Is AAP above constitution? Is AAP above judiciary? I mean they don't respect Judiciary, they don't respect Constitution? Is this how the future governments are going to function? And to add to all this, Mr. Kejriwal called himself an anarchist and said that he cares least about the Republic Day parade. And he won't be bothered if it's affected by the protest he has organized to satisfy ego of his minister Somnath Bharti, who made women wait outside so that he could use public
Even if you are AAP supporter, does that mean you should defend every wrong deed of your party? People should realize that such kind of governance is not going to help anyone.
