Ramlila crackdown: Top five excerpts of Supreme Court verdict on Government, Ramdev
NDTV Correspondent, Updated: February 23, 2012 22:17 IST
New Delhi: Coming down heavily on the government and Delhi Police, the Supreme Court on Thursday ordered prosecution of police personnel involved in the midnight crackdown on yoga guru Baba Ramdev and his supporters in June last year. The bench of Justices BS Chauhan and Swatanter Kumar awarded a compensation of Rs. 50,000 for those who suffered grievous injuries in the incident and Rs. 25,000 for those with lesser injuries.
The Supreme Court passed the verdict after taking suo motu cognisance of media reports showing the brutality of police action against the followers of Ramdev who were sleeping.
Here are some extracts from the 260-page judgement:
On the Government and Police
The present case is a glaring example of trust deficit between the people governing and the people to be governed. Greater confidence needs to be built between the authorities in power and the public at large. Thus, I hold and direct that while I find from the evidence on record that some of the police officers/personnel were very cooperative with the members of the assembly and helped them to vacate the Ramlila Maidan while others were violent, inflicted cane injuries, threw bricks and even used tear-gas shells, causing fire on the stage and total commotion and confusion amongst the large gathering at the Ramlila Maidan. Therefore, these two classes of Police Force have to be treated differently.
On Freedom of Speech and Democratic Principles
The restriction imposed on the right to freedom of speech and expression was unsupported by cogent reasons and material facts. It was an invasion of the liberties and exercise of fundamental freedoms. The members of the assembly had legal protections available to them even under the provisions of the Cr.P.C. Thus, the restriction was unreasonable and unwarrantedly executed. The action demonstrated the might of the State and was an assault on the very basic democratic values enshrined in our Constitution.
On Ramdev's "negligence"
I have to take a view that in the circumstances of the case, Baba Ramdev and the office bearers of respondent No. 4 have contributed to the negligence leading to the occurrence in question and are vicariously liable for such action.
On Chidambaram and the Home Ministry
There are circumstances and reasons given by the Home Minister in his statement for making the statement that he made. The decision of the Delhi Police in the normal course of events would have a connection with the declaration made by the Ministry. Police might have acted independently or in consultation with the Ministry. Either way, there is no material before me to hold that the decision of the Ministry or the Police was mala fide in law or in fact. Upon taking into consideration the cumulative effect of the affidavits filed on record and other documentary evidence, I am unable to dispel the argument that the decision of Ministry of Home Affairs, Union of India reflected its shadow on the decision-making process and decision of the Police authorities.
On Sleep as a human right
Deprivation of sleep has tumultuous adverse effects. It causes a stir and disturbs the quiet and peace of an individual's physical state. A natural process which is inherent in a human being if disturbed obviously affects basic life. It is for this reason that if a person is deprived of sleep, the effect thereof, is treated to be torturous. To take away the right of natural rest is also therefore violation of a human right. It becomes a violation of a fundamental right when it is disturbed intentionally, unlawfully and for no justification. To arouse a person suddenly, brings about a feeling of shock and benumbness. The pressure of a sudden awakening results in almost a void of sensation. Such an action, therefore, does affect the basic life of an individual.
...Sleep is therefore, both, life and inherent liberty which cannot be taken away by any unscrupulous action. An Irish Proverb goes on to say that the beginning of health is sleep. The state of sleep has been described by Homer in the famous epic Iliad as "sleep is the twin of death". A person, therefore, cannot be presumed to be engaged in a criminal activity or an activity to disturb peace of mind when asleep. Aristotle, the great Greek philosopher has said that all men are alike when asleep. To presume that a person was scheming to disrupt public while asleep would be unjust and would be entering into the dreams of that person
The Supreme Court passed the verdict after taking suo motu cognisance of media reports showing the brutality of police action against the followers of Ramdev who were sleeping.
Here are some extracts from the 260-page judgement:
On the Government and Police
The present case is a glaring example of trust deficit between the people governing and the people to be governed. Greater confidence needs to be built between the authorities in power and the public at large. Thus, I hold and direct that while I find from the evidence on record that some of the police officers/personnel were very cooperative with the members of the assembly and helped them to vacate the Ramlila Maidan while others were violent, inflicted cane injuries, threw bricks and even used tear-gas shells, causing fire on the stage and total commotion and confusion amongst the large gathering at the Ramlila Maidan. Therefore, these two classes of Police Force have to be treated differently.
On Freedom of Speech and Democratic Principles
The restriction imposed on the right to freedom of speech and expression was unsupported by cogent reasons and material facts. It was an invasion of the liberties and exercise of fundamental freedoms. The members of the assembly had legal protections available to them even under the provisions of the Cr.P.C. Thus, the restriction was unreasonable and unwarrantedly executed. The action demonstrated the might of the State and was an assault on the very basic democratic values enshrined in our Constitution.
On Ramdev's "negligence"
I have to take a view that in the circumstances of the case, Baba Ramdev and the office bearers of respondent No. 4 have contributed to the negligence leading to the occurrence in question and are vicariously liable for such action.
On Chidambaram and the Home Ministry
There are circumstances and reasons given by the Home Minister in his statement for making the statement that he made. The decision of the Delhi Police in the normal course of events would have a connection with the declaration made by the Ministry. Police might have acted independently or in consultation with the Ministry. Either way, there is no material before me to hold that the decision of the Ministry or the Police was mala fide in law or in fact. Upon taking into consideration the cumulative effect of the affidavits filed on record and other documentary evidence, I am unable to dispel the argument that the decision of Ministry of Home Affairs, Union of India reflected its shadow on the decision-making process and decision of the Police authorities.
On Sleep as a human right
Deprivation of sleep has tumultuous adverse effects. It causes a stir and disturbs the quiet and peace of an individual's physical state. A natural process which is inherent in a human being if disturbed obviously affects basic life. It is for this reason that if a person is deprived of sleep, the effect thereof, is treated to be torturous. To take away the right of natural rest is also therefore violation of a human right. It becomes a violation of a fundamental right when it is disturbed intentionally, unlawfully and for no justification. To arouse a person suddenly, brings about a feeling of shock and benumbness. The pressure of a sudden awakening results in almost a void of sensation. Such an action, therefore, does affect the basic life of an individual.
...Sleep is therefore, both, life and inherent liberty which cannot be taken away by any unscrupulous action. An Irish Proverb goes on to say that the beginning of health is sleep. The state of sleep has been described by Homer in the famous epic Iliad as "sleep is the twin of death". A person, therefore, cannot be presumed to be engaged in a criminal activity or an activity to disturb peace of mind when asleep. Aristotle, the great Greek philosopher has said that all men are alike when asleep. To presume that a person was scheming to disrupt public while asleep would be unjust and would be entering into the dreams of that person
Chidambaram responsible for Ramlila crackdown: Jethmalani
Ram Jethmalani (L) shows a document as he addresses a news conference with Yoga guru Baba Ramdev in New Delhi on Thursday following the Supreme Court's verdict on midnight violent incident at the Ramlila Maidan last year. (PTI Photo)
NEW DELHI: Top lawyer Ram Jethmalani today demanded resignation of Home Minister P Chidambaram holding him responsible for the police action in Ramlila Maidan during yoga guru Ramdev's protest last year as the Supreme Court came down heavily on the Centre and the Delhi Police for the incident.
Jethmalani, who appeared for Ramdev in the Supreme Court in the case, said that the role of the Home Minister in the "most aggressive, immoral and almost criminal operation" with regard to the June six midnight police action should be looked into.
"I want to know who has given power to the Home Minister...The police was found guilty of aggression. This should make somebody resign...Delhi Police is not the real culprit. Real guilty are the political masters.
"Of course, of course (Chidambaram should resign). He is the one who is responsible for this tragedy," Jethmalani told a joint press conference with Ramdev here.
Ramdev, who was also present at the press meet, said they have not seen the full judgement and will give a detailed response later. He said he will continue his fight against corruption and blackmoney.
Though the Supreme Court held both Delhi Police and Ramdev responsible for the action which led to the death of one woman, Jethmalani said, "the Supreme Count has found that the police had acted hastily and there was no emergency of any kind as they had pretended.
"And they should not have resorted to the action that they have taken. To my mind, Ramdev has won the case," he said, adding that the fact remained that unarmed people were attacked while they were sleeping and sought to know what role the Home Minister had played in the entire sequence.
When pointed out about this, Ramdev said, "for the first 19 minutes while reading out the main parts of the judgement, the judges were finding fault with Delhi Police. Only for a minute or so they said I have responsibility."
Jethmalani, who appeared for Ramdev in the Supreme Court in the case, said that the role of the Home Minister in the "most aggressive, immoral and almost criminal operation" with regard to the June six midnight police action should be looked into.
"I want to know who has given power to the Home Minister...The police was found guilty of aggression. This should make somebody resign...Delhi Police is not the real culprit. Real guilty are the political masters.
"Of course, of course (Chidambaram should resign). He is the one who is responsible for this tragedy," Jethmalani told a joint press conference with Ramdev here.
Ramdev, who was also present at the press meet, said they have not seen the full judgement and will give a detailed response later. He said he will continue his fight against corruption and blackmoney.
Though the Supreme Court held both Delhi Police and Ramdev responsible for the action which led to the death of one woman, Jethmalani said, "the Supreme Count has found that the police had acted hastily and there was no emergency of any kind as they had pretended.
"And they should not have resorted to the action that they have taken. To my mind, Ramdev has won the case," he said, adding that the fact remained that unarmed people were attacked while they were sleeping and sought to know what role the Home Minister had played in the entire sequence.
When pointed out about this, Ramdev said, "for the first 19 minutes while reading out the main parts of the judgement, the judges were finding fault with Delhi Police. Only for a minute or so they said I have responsibility."
February 23, 2012.
Statement of Dr. Subramanian Swamy,
President of the Janata Party.
I demand that the present Home Minister Mr. P. Chidambaram be asked to resign immediately, taking responsibility for the reckless avoidable violence by the Delhi Police which violence was committed on his orders. While the Supreme Court may have made remarks about the moral duty of Baba Ramdev to minimize the casualties, the core of the Supreme Court Order is that the Police action was against the fundamentals of democracy, represents a gross violation of fundamental rights and a massive abuse of police powers.
Police would not have done this unless they were asked to do so and hence Mr. Chidambaram bears full responsibility for this. Therefore he must either step down on his own or the Prime Minister should have him dismissed.
(SUBRAMANIAN SWAMY )
Published: February 23, 2012 14:33 IST | Updated: February 23, 2012 15:15 IST
Ramlila incident: SC slams police, Ramdev
This June 4, 2011 photo shows Ramdev addressing his supporters on the first day of his hunger strike against corruption at Ramlila Ground in New Delhi. Photo: Sandeep Saxena
The Supreme Court on Thursday castigated the Delhi Police and yoga guru Ramdev for the midnight violent incident at the Ramlila Maidan last year and said it was a “glaring example of trust deficit” between the people and the government.
A bench of justices B S Chauhan and Swatanter Kumar said that incident showed might of the state which struck at the foundation of democracy.
The bench further observed that the police and the state could have avoided that tragic incident in which one person died and several others were injured.
“It is a glaring example of trust deficit between the people governing and the people being governed,” the bench said, adding that police action is meant to bring peace but they breached peace themselves.
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