"With all respect everyday thousands of people die. But, still the world moves on. Just due to one politician dead. A natural death. Every one just goes bonkers. They should know. We are resilient by force, not by choice. When was the last time did any one show some respect or even 2 mins silence for shahid Bhagatsingh, Azad, Sukhdev, or any of the people because of whom we r free living Indians. Respect is earned, not given. N definitely not forced. Today, Mumbai shuts down due to fear, not due to respect."
-posted on Facebook on November 18 by 21-year-old Shaheen Dhada, a resident of Palghar, Thane district.
ENRAGED and hurt by this status update, members of the Shiv Sena, in their signature style, attacked and vandalised a hospital in Palghar owned by Shaheen Dhadas uncle. If that was not bad enough, Shaheen and her Facebook friend Renu Srinivasan, who liked the post, were arrested the same night and charged with creating or promoting enmity, hatred or ill-will between classes, and for insulting or outraging religious feelings and violating Section 66A of the Information Technology Act for online speech deemed grossly offensive or of menacing character.
Shaheen Dhada, a management graduate, and Renu Srinivasan, a science graduate, were interrogated for hours in the middle of the night by the police. Renu Srinivasan was slapped twice by a woman on the street outside the police station. While all this was happening, the lumpen elements who ransacked the hospital roamed free.
A public outrage followed the arrests. Womens rights activists demanded a thorough investigation into the incident, pointing out that the Thane police had not followed the rules for arresting and interrogating women. The Union Home Ministry sought an inquiry report and the Chairman of the Press Council of India, Justice Markandey Katju, criticised the Maharashtra governments handling of the case. Following the furore, nine Shiv Sainiks were arrested for attacking the clinic.
The State was under intense pressure from the public and political parties to drop the charges against the two women. On November 29, the police dropped the charges against the two women. No charge sheet will be filed in the case of the arrest of two girls from Palghar. There will be a closure report, said Sanjeev Dayal, Director General of Police. The closure report in a case is usually filed by the police before the court concerned when investigators conclude that no case is made out against the accused.
State Home Minister R.R. Patil said the Thane Superintendent of Police (Rural) Ravindra Sengaonkar and Senior Police Inspector of Palghar, Srikant Pingale, had been suspended for applying wrong sections of the Act and disobeying orders from their superiors in arresting the women,
An issue that came up during the controversy is that the police are not well versed in cyber laws and may have acted in haste. It isnt fair to always blame the police in these situations. There is a larger issue over here. We must understand the fundamentals before blaming the force, Brijesh Singh, Additional Commissioner of Police in Mumbai, said. Registering a first information report [FIR] is automatic and compulsory when a complaint is made. It is not an option. Discretion starts after that. The investigating officer can add, delete or change sections based on the investigation. But remember that all FIRs are scrutinised by the court. Presently, there is a need for a lot of education and training in cyber crime and application of the law.
It is essentially pointed out that nowhere in the Facebook post does Shaheen Dhada mention the deceased Shiv Sena supremo Bal Thackerays name. She was merely expressing her thoughts on the shutdown of Mumbai in the wake of his death. Mumbai came to a complete standstill on November 17 and 18. Public transport came to a grinding halt, food and other essentials were unavailable as trade had shut down, and most people were confined to their homes or were stranded in the streets.
The traumatised girls briefly told the media that they stood by what they had said on Facebook though it was never their intention to hurt anyones sentiments. I submitted a written apology, not because I thought I had done something wrong but because my words had hurt a few people and I never intended to hurt anyone, Shaheen Dhada said. Renu Srinivasan was worried that a police record would affect her career.
In defence, Shiv Sena leader Sanjay Raut said in a statement: Balasahebs death has been a shock to the entire nation. Sainiks showed tremendous restraint in controlling their emotions. The bandh was spontaneous and not forced by the Sena. It was because of love and respect for Balasaheb. Shiv Sainiks were naturally upset at the misuse of the social media to post provocative comments we support the polices action. The Facebook comments could have led to a law and order situation.
Milind Deora, Union Minister of State for Information Technology and Congress Member of Parliament from South Mumbai, said the police invoked the IT Act in haste and that they should have consulted the cybercrime cell before applying Section 66A. More importantly, he said: I would fear to live in this city. What city are they building in Mumbai? Is it a society built on fear or do they want it to be liberal? The police should act without fear and not buckle under pressure from politicians.
Meanwhile, in a similar incident, a 19-year-old boy was questioned by the police for allegedly posting offensive comments on Facebook about Maharashtra Navnirman Sena chief Raj Thackeray. The teenager claimed that his account was hacked into and that he never made derogatory remarks about the MNS chief. He was let off without charges. The Sainiks are not scared of anyone. They hold the city to ransom. They know they can get away with anything. Has anyone ever charged them? asks a police officer. We have to get back our freedom. This case showed that we can fight and win, the officer said.
Anupama KatakamCOMMents
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