The BJP has defended the police crackdown on Cockroach Janta Party protesters, countering criticism from former Tamil Nadu BJP president K Annamalai over the detentions and legal actions taken against them.
Key Points
- BJP Stance: The BJP argues that CJP leaders breached legal conditions and denied permissions for protests at Jantar Mantar.
- Legal Context: The High Court reviewed and released detained CJP leaders, emphasizing due process.
- Protest Context: CJP’s protest at Jantar Mantar was denied permission due to security and traffic concerns, leading to unauthorized entries.
- Critique: Annamalai, a former BJP leader, has questioned the government’s handling of the crackdown.
NEW DELHI: The Central government has faced criticism from former Tamil Nadu BJP president K Annamalai regarding the police crackdown on Cockroach Janta Party (CJP) protesters. In response, the BJP has defended the action, asserting that CJP leaders were denied permission for protests at Jantar Mantar on clear grounds. Tamil Nadu BJP spokesperson Narayanan Thirupathy stated that the leaders responded by climbing locked gates and barricades, entering a denotified site, and violating earlier peace bonds they had executed. The Special Executive Magistrate (SEM) remand orders and subsequent judicial custody cited these actions as breaches of the law, not indefinite detention. The High Court later reviewed and released the detained leaders, emphasizing due process.
Legal and Procedural Context
The BJP highlighted that the Jantar Mantar site was denotified following an MHA committee process and Supreme Court observations on October 9 about the need for better-equipped protest sites. The party argued that claims of ‘shutting down protest space’ ignore the prior process and availability of other venues. The police action against CJP was based on FIRs for trespass, bond violations, and obstructing public servants. Earlier detentions on October 10 were largely preventive, with many ordinary protesters released quickly after giving bonds to maintain peace.
Annamalai’s Critique and Historical Context
Former BJP leader K Annamalai criticized the government’s handling of the CJP crackdown, drawing a parallel to a 2011 statement by then-Gujarat Chief Minister Narendra Modi condemning the midnight police crackdown on anti-corruption protesters at Ramlila Maidan. Annamalai noted that Modi had criticized the UPA-era crackdown on Anna Hazare’s peaceful protests, but he argued that the current situation is different. He questioned the legal framework allowing an Assistant Commissioner of Police to act as a Special Executive Magistrate in preventive detention cases, suggesting potential bias given the Delhi Police’s role as both complainant and adjudicator.
Controversy Over Protest Venue and Legal Process
The controversy also involves the denotification of Jantar Mantar as a protest site. The BJP stated that this decision followed an MHA process and Supreme Court guidance, but Annamalai questioned the legality of this move. He raised concerns about the powers granted to the Assistant Commissioner of Police as a Special Executive Magistrate, suggesting that this could lead to biased rulings in cases where the Delhi Police is both complainant and adjudicator. The BJP, however, maintained that the legal actions taken were in line with due process and that the High Court’s review supported this stance.
