27 November 2012, 05:33 PM IST
Dear Chief Minister,
This is just to congratulate you on your strong step in suspending the police officers who arrested the girl who put up an item on Facebook objecting to the shutdown in Mumbai on the death of Bal Thackeray, as well as the girl who supported her.
The Supreme Court (in the appeal coming from the judgment of the Kerala High Court ) and High Courts have repeatedly held that such Bandhs and shut downs are illegal as they paralyze the entire civic life in the city. Hence what the girls did was in accordance with the Supreme Court judgment. How then could their act be called illegal? In fact it was the policemen who arrested the girls who acted illegally and committed the criminal offences mentioned in sections 341 and 342 I.P.C.
In the Nuremburg Trials the the Nazi war criminals took the plea that orders were orders, and they were only carrying out the orders of their superior Hitler. This plea was rejected by the International Tribunal, which held that such orders were illegal,and illegal orders should be disobeyed, and consequently those found guilty were hanged.
If a policeman is issued an illegal order by his superior (whether political or police) it is his duty to refuse to carry out such illegal order, otherwise he must be charged for a criminal offence, and given harsh punishment. For instance, if a policeman is given an order by a superior to commit murder, dacoity or rape, he must not obey such order. It seems to me that the delinquent police officers who ordered the arrest of Shaheen and the other girl, and those who implemented this illegal order, succumbed to the pressure of the hundreds of hooligans who came to the police station. What kind of policemen are these who succumb to hooligans ?You have therefore acted correctly in taking strong action in the matter.
I am informed that in recent years hooligan gangs have flourished in Mumbai and other parts of Maharashtra, and they have terrorized people living in the state. Some of them profess a separatist ideology. In my opinion these should be crushed with an iron hand, and it is your duty, as the Chief Minister to do this, as Chanakya has advised in the Arthashastra, and Bheeshma Pitamah in his upadesh to Yudhishthir in the Shantiparva of Mahabharat.
Regards
Justice Katju
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