Need to conduct investigation into the cases against Raj Thackeray & MNS workers by an independent authority

Yesterday’s incidents of beating of candidates who had come from all parts of the country for Railway Board exams by MNS activists points towards the utter disregard for the Constitution and law of the land by Raj Thackeray as well as his followers. The apathy and non-action by the Police & State Administration points towards the tactical support of the ruling Congress-NCP combine to the goons that are looming large under the grab of a political front. While it is constitutional right of every citizen to move and settle in part of the country under Art 19 and thus the obligation of the State to provide protection and book to laws those who restrict such a movement.

While NAPM had approached the Maharashtra State Human Rights Commission which had given strict orders against the violation of human rights but the State government has done no follow up of the orders.

The Maharashtra Human Rights Commission in its order dated 12th May, 2008 had clearly mentioned that Raj Thackeray could be involved in all the cases of violence which had taken place in Mumbai as an abettor. This is apparent from the relevant part of the said order which is quoted hereunder:

“From the report submitted before us it does not appear that police has taken into the consideration the provision of Sec. 107 and 108 IPC. Unless the investigation is carried out against the leader of MNS regarding his involvement as instigator and/or abettor, no useful purpose will be served when the final report is submitted under sec. 173 Cr.P.C. to the concerned Court for the scrutiny, by the police.”

It was also ordered that “The Commissioner of Police of concerned cities namely Mumbai, Thane, Nashik, Pune should take prompt action in future as and when a cognizable is committed by registering cases against the offending workers / leaders of the concerned parties and more particularly against MNS workers / leaders (in view of the recent past experience).

From the above it is seen that the police were clearly placed in the wrong when the Human Rights Commission observed that they had faltered in the investigation by not considering the provisions of abetment contained in the IPC. In a reply to our RTI application the Commissioner of Police in his reply dated 5th July has admitted that they still are to act upon the orders of the State Human Rights Commission.

Under these circumstances, the stand taken by the police that Raj Thackeray is not involved in the cases of MNS violence cannot hold credibility. The police right from the inception has displayed ambivalence in the matter. One after the other they abdicated their statutory duties in this respect. Even after the SHRC came to a categorical inference, yet they have not invoked the apparent provision of laws in the matter. As such there is a need to conduct investigation into the cases against MNS workers by an independent authority.

Medha Patkar   Simpreet Singh   Suniti S.R.   Mukta Srivastava
Nasreen Bano   Santosh Thorat   Anand Patwardhan   Banda Thakar