ALL INDIA LAWYERS UNION RAJASTHAN STATE COMMITTEE
Dated:18.2.2016
SOLIDARITY MESSAGE TO JNU
All India Lawyers Union (AILU), Rajasthan State Unit, strongly condemn the recent incident where individuals in uniform of Advocates misbehaved and assaulted Mr. Kanhaiya Kumar, the president of JNU Students Union, JNU faculties, Media persons on 15.2.2016 when Mr. Kanhaiya Kumar was produced in court before the magistrate is very serious issue and it became vigorous when the incident was repeated after two days, on 17.2.2016 despite of the actions given byHon’ble Supreme Court.
Further the AILU is of the view that the Jawahar Lal Nehru University is one of the institutions in the world where healthy atmosphere is developed over a time to discuss over the national and international issues. The students as well as the faculty members thereof is of the caliber to suggest a visionary and logical culmination, which not only important for individual but also for the nation and humanity as whole. Furthermore, University is a place where new ideas are developed, questions are asked and policies are praised or criticized. If any unwarranted incident is happened in the campus of the university, certainly an action has to be initiated against the responsible individual and for such action the university administration is having sufficient measures to act upon and no police action inside the campus was required at all. If the university authorities failed to take action or has shown its inability to restrict such activity, only then the police force may be used.
As such the police action in the university campus was absolutely unwarranted, unjustified and abuse of power by the state machinery.
Arrest of Mr. Kanhaiya Kumar and other students and treating them like hardcore criminals/terrorists, in the name of sedation without any substantial evidence, is not expected in a civilized society. The crime of sedation was inserted in IPC by the British rule in order to supress anyone who used to speak against the colonial rule. This term ‘sedation’ is obsolete and has no place in a democratic system like ours, especially in the educational institutions, having international reputation. Framing students in the name of sedation is clearly an attack on the fundamental rights, that is, of speech and expression.
Intentional avoidance of the Hon’ble Supreme Court instructions is apparently an act of contempt of court for which stern action has to be taken. AILU strongly suggests to take following actions against the responsible :
(i) Criminal case has to be registered against the advocates or the persons in the advocates’ uniform indulged in assaulting within the court premises;
(ii) Separate proceeding of criminal contempt is to be started against the persons involved in assaulting despite instructions of Supreme Court;
(iii) The police personals deployed at the court campus, in front of whom the act of assault was occurred has to be suspended henceforth and inquiry has to be initiated against them;
(iv) Mr. Om Prakash Sharma, the sitting MLA, who was apparently involved in the assaulting and to instigate others to involve in assaulting, his membership of Legislative Assembly is to be seized, proceeding of criminal contempt is to be initiated against him;
(v) The courts are the place where people come with the deep faith to get justice but such type of incidents not only deprive the people to avail justice but also diminish the belief in rule of law, and therefore, stern action has to be initiated against each and every responsible person whomsoever he is;
(vi) Code of conduct for advocates has to be reviewed and it may be inserted that any advocate, who involves in such incidents occured on 15.2.2016 and 17.02.2016, shall be restricted to appear in court as well as seize their auth of advocacy;
(vii) The magistrate, before whom the repeated disruption of court proceeding was occurred but no action against the responsible advocates/persons was taken, no FIR was lodged, stern action is required to be initiated against him.
The AILU condemn both the incidents, i.e. abuse of power by the police administration in the JNU campus and omission to prevent the assault on the students faculties and media persons in the court room /campus of Patiala House court. Our organization also demands for immediate release of Kanhaiya Kumar, president of JNUSU, so that normalcy can be restored.
(Dr. Vikram Singh Nain)
General Sectretary
General Secretary: Dr. Vikram Singh Nain Advocate Mobile No: +91 9414069959 Office: 0141-2810959 E-mail: nain_vs@yahoo.co.in
President: Sanjay Tyagi Advocate Mobile No.+91 9414048493 +91 9314013492
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