A group of former bureaucrats has expressed concern over the detention of ex-civil servant Ashish Joshi by the Delhi Police, describing it as a violation of the Constitution.
A group of retired Indian bureaucrats have voiced their disapproval over the manner in which former civil servant Ashish Joshi was detained by the Delhi Police. In an open letter addressed to various authorities, including the Union Ministry of Home Affairs and Delhi's Lieutenant Governor Taranjit Singh Sandhu, the Constitutional Conduct Group expressed shock and apprehension over the 'blatant display of unconstitutional power' by the police. The group is particularly concerned about the detention and subsequent interrogation of Joshi, who is a member of the Constitutional Conduct Group.
On September 2, Joshi was picked up during his morning walk by plainclothes police personnel in Delhi and questioned for several hours. Two days later, he disclosed that an FIR had been registered against him under sections pertaining to provocation with intent to cause a riot, following a social media post he made on August 26. The post called for a 'Nuremberg-style trial' of Chief Election Commissioner Gyanesh Kumar.
However, during his interrogation, Joshi was questioned about another post from last month, where he alleged a 'massive showdown' between Union Home Minister Amit Shah and the Union Home Secretary after the police action against students protesting at Delhi’s Jantar Mantar in July. Hours after his return home on September 2, Joshi was called for further interrogation, which lasted until late in the evening. The former civil servant was allowed to call his family only at 6.38 pm, causing panic among his loved ones.
The detention and subsequent questioning of Joshi raises fundamental constitutional concerns, according to the group of former bureaucrats. They argue that the right to life and personal liberty under Article 21 of the Constitution includes the right to be informed of the grounds of detention and to be provided a copy of the FIR at the earliest stage. This principle has been upheld by the courts in several judgments, they said.
Deploying the police's special cell, an agency primarily used for countering organized crime and dealing with matters of national security, to pick up a retired senior civil servant for questioning allegedly for a social media post without supplying the FIR and without informing his family, 'appears disproportionate', they added.
The police's action is capable of creating a chilling effect on free speech and democratic discourse, according to the group. They have called upon the police to ensure that the family of a person being detained is promptly informed about his or her whereabouts and conduct investigations strictly in accordance with the Constitution, the Bharatiya Nagarik Suraksha Sanhita and binding directions of the Supreme Court.
The letter was signed by 108 former bureaucrats, including Punjab's former Director General of Police Julio Ribeiro, Delhi's former Lieutenant Governor Najeeb Jung, former Indian ambassador Gautam Mukhopadhaya, former Election Commissioner Ashok Lavasa, former Foreign Secretary Shivshankar Menon and former Indian Administrative Service officer and activist Harsh Mander.
Source:
Scroll.in
