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Written By murali772 - 31 May, 2012
Bangalore law and order Democracy Citizen Reports Human right police raaj, freedom right of assembly
For holding a peaceful demonstration protesting the felling of some 40 odd trees (supposedly in the way of the BDA's signal-free corridor - check this), the state (through Koramangala PS) has now filed cases under Sec 143, 146, 147, 141, 341 read with 149, against 5 prominent members (+ others) of the Koramangala community.
Apparently, a notification had been issued a few years back, whereby any group, wanting hold any sort of a meeting, had to obtain prior permission from the police. A few of Civil Society groups had expressed their disquiet over the matter then, saying that it could be put to mis-use. And, exactly as they had predicted, it has now happened. Perhaps it is time the Civil Society came together to demand repeal of that provision, if necessary with the court's help.
It is a crying shame that such distortions of the law take place in the Mahatma's own land.
Muralidhar Rao
COMMENTS
Lets spread the bad actions of police on FB, twitter etc
dvsquare - 31 May, 2012 - 14:50
Murali Sir,
Lets spread the police action of victimizing the peaceful members, spread it over FB, twitter and create a huge group of supporters, we may need further protests on this regard going forward, lets aware all people across bangalore.
Deepak
idontspam - 31 May, 2012 - 16:32
This is an inflexion point... the actions over the past year on various issues like sankey road widening, now this, all the elevated dreamways of the future, commuter rail malengineering etc should make the politicians sit up & take notice. Hard work in solving difficult problems will be appreciated, racketeering will be punished in the courts of law
In the next 5 years the real intents behind their actions are going to percolate to all segments of society. The nature of politics has to change. There is too much arrogance in them which can lead to disastrous consequences for the state & the people of the country. Servant leadership will be learned the hard way.
murali772 - 1 June, 2012 - 09:20
The IPC (Indian Penal Code) sections, on the basis of which the FIR was made out, are described below:
Sec 141 (unlawful assembly)
An assembly of five or more persons is designated an “unlawful assembly”, if the common object of the persons composing that assembly is:
a) To overawe by criminal force, or show of criminal force, 1(the Central or any State Government or Parliament or the Legislature of any State), or any public servant in the exercise of the lawful power of such public servant; or
b) To resist the execution of any law, or of any legal process; or
c) To commit any mischief or criminal trespass, or other offence; or
d) By means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or
e) By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.
Explanation - An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly.
Sec 142 (being member of unlawful assembly)
Whoever, being aware of facts which render any assembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be a member of an unlawful assembly.
Sec 143
Whoever is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six month, or with fine, or with both.
Classification of offence: Punishment—Imprisonment for 6 months, or fine, or both—cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
Sec 146 (Rioting)
Whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting.
Sec 147 (punishment for rioting)
Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Classification of offence: Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
Sec 149 (Every member of unlawful assembly guilty of offence committed in prosecution of common object)
If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members or that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.
Classification of offence: Punishment—The same as for the offence—According as offence is cognizable or non-cognizable—According as offence is bailable or non-bailable—Triable by court by which the offence is triable—Non-compoundable.
Scope and applicability:
a) When the charge is under sec 149, the presence of the accused as part of unlawful assembly is sufficient for conviction even if no overt act is imputed to him; Yunis alias Kariya v. State of Madhya Pradesh, AIR 2003 SC 539.
b) Conviction by taking recourse to sec 149 cannot be made out unless five specified objects enumerated in section 141 are not proved; Ramashish v. State of Bihar, 1999 (6) JT 560: 1999 (2) JCC (SC) 471.
c) Even if no overt act is imputed to a particular person, when the charge is under section 149, the presence of the accused as part of unlawful assembly is sufficient for conviction; Yunis alias Kariya v. State of Madhya Pradesh, AIR 2003 SC 539.
Joint liability of members of unlawful assembly:
a) It is well settled that once a membership of an unlawful assembly is established, it is not incumbent on the prosecution to establish whether any specific overt act has been assigned to any accused. Mere membership of the unlawful assembly is sufficient; State of Maharashtra v. Joseph Mingel Koli, (1997) 2 Crimes 228 (Bom).
b) Every member of an unlawful assembly is vicariously liable for the acts done by others either in the prosecution of the common object of the unlawful assembly or such which the members of the unlawful assembly knew were likely to be committed; State of Maharashtra v. Joseph Mingel Koli, (1997) 2 Crimes 228 (Bom).
Sec 341 (wrongful restraint)
Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term, which may extend to one month, or with fine which may extend to five hundred rupees, or with both.
Classification of offence: Punishment—Simple imprisonment for 1 month, or fine of 500 rupees, or both—Cognizable—Bailable—Triable by any Magistrate—Compoundable by the person restrained or confined.
Glossary:
non-compoundable: cannot be privately resolved between the parties concerned
cognizable: police can arrest the accused without investigation or warrants
Summary:
The charges essentially are supposedly on the basis of "unlawful assembly" (sec 141), "rioting" (sec 146), and "wrogful restraint" (sec 341). By no stretch of imagination can any of these apply to the totally peaceful demonstration that was carried out on Sunday. As such, doesn't a case arise for filing a complaint, say with the State Human Rights Commission, against this patently illegal act?
Would be interesting to see the paperwork
sanjayv - 1 June, 2012 - 10:30
This is pure harassment. These sections are so obviously non-applicable that I would love to see how the cops justified filing these complaints in their paper work.
Bangalore Police At the whims of Buerucrats
Vasanth - 2 June, 2012 - 10:32
Bangalore Police is at the whims of Politicians. People who take the social responsibility of their locality and city, or booked under various acts. Goondas are roaming around happily.
A complaint booked by a common man like me before 6 months for physical attack has no action yet so far. Everyone saying unless you give them something or you have influence, you wont get any justice.
This sorry state of our City and Country, I feel where are our country is heading.
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