The Fear Of Police Power And Executive Tyranny: A Critical Analysis Of The Arrest, Detention

The Fear Of Police Power And Executive Tyranny: A Critical Analysis Of The Arrest, Detention, And Release Of Navneet And Ravi Rana

Shukr Usgaokar, Advocate, Chambers of Sr. Adv. Sudin Usgaokar & Om D’costa, Advocate, Chambers of Adv. Norma Alvares

ABSTRACT

In the words of Josh Basil Barnhill, “when people fear the government, there is tyranny - and when the government fears the people, there is liberty.” In this Article, the authors bring to the fore the recent events in Maharashtra involving MP Navneet Ravi Rana and MLA Ravi Rana; and the controversy that arose from their plan to recite the Hanuman Chalisa outside the residence of the Chief Minister of Maharashtra. The authors first look at the order passed by the Hon’ble High Court of Bombay in a petition filed by the Ranas to quash one of the F.I.R.s registered against them; and point out certain grey areas that the Hon’ble Court ought to have threshed out. Thereafter, a critical analysis is undertaken of the high handed and arbitrary actions of the police at various stages in the case, which are juxtaposed with emphatic principles and guidelines laid down by the Hon’ble Supreme Court to highlight the blatant violations and disregard for the directives of the Apex Court, ranging from when an F.I.R. for particular offences ought to be registered; what level of preliminary analysis is required by authorities at this stage; and also the procedural requirements to be complied with connected with the making of an arrest. Finally, the authors discuss the order passed by the Hon’ble Sessions Court on the bail application filed by the Ranas, and conclude that the order rightly grants bail in light of time-tested factors to be considered at the stage of bail, as espoused by the Supreme Court. In conclusion, the authors identify the gaps between strict statutory provisions and Court directives, and their actual unsuccessful implementation in day to day life by police as well as governmental authorities, and the danger this poses to the fundamental rights of speech, liberty and protest of citizens.

Keywords: Arrest, Bail, Freedom of speech, Sedition, Due process, Authoritative excesses, Role of Courts, Personal liberty