Saturday, 17 August 2013

IGNORENCE OF COURT ORDER IS NOT AN EXCUSE FOR U.P.


There is a saying that 'Ignorance of Law is not an Excuse', but the Empowerment of the Judiciary, in India, some addition have to be made with the old saying, now, "Ignorance of the Court Orders is not an Excuse". In the past few years, the political leaders have adopted an arrogant posture to run their Government, resultant of this, the eye brows of the judiciary have gone raised to bring back the arrogance, in the purview of law.

The Supreme Court have issued a notice to the Uttar Pradesh Govt. and demanded a reply, in connection with the arrest of the popular Dalit writer Mr. Kanwal Bharti, who was being arrested by the Rampur police of the U.P.,on last 6th August, on a complain filed by Mr. Fashat Ali, a PRO of Mr. Azam Khan, the urban Development Minister, in the UP Govt..

It may be recalled that Mr. Bharti have made a comment in the Social Net Working Site, against  the suspension order of the UP Govt., in connection with the IAS officer, Mrs. Durga Shakti Nagpal. Though, the comment was not so adverse, but, somehow, it has hurt the ego of Mr. Khan.

The Division bench, headed by the justice, H. L. Ghokle, in their notice to the Govt., have asked that why the state Govt. Police have disobeyed the earlier order of the Supreme Court, in which it was being directed, not to arrest any person who make their adverse comment or remark in the Social Media.

It is worth mentioning that the SC, in their earlier direction, on 6th May 13, have given clear direction to all state Govt. of the country that the Police can not arrest any person for their adverse comment in the Social Net Working Site, until and unless, the Police procure an order of arrest from their seniors, like, I.G. / Police Commissioner / S.S.P. and with out procuring such order, the police have no role to play, under any circumstances.

It need an essential mentioning that the SC have adopted the suggestions of the Central Govt., who have advocated, not to arrest any person of such concerning matter, until and unless, the police procure an advance order from their highers to arrest such person.

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