Justice Katju's Letter To Maharashtra Cm:

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[color=#000000][font=arial][size=3] To,[/size][/font][/color]
[color=#000000][font=arial][size=3]The Chief Minister Maharashtra [/size][/font][/color]

[color=#000000][font=arial][size=3]Dear Chief Minister, [/size][/font][/color]
[color=#000000][font=arial][size=3]I am forwarding an email I have received stating that a woman in Maharashtra has been arrested for protesting on Facebook against the shut down in Mumbai on the occasion of the death of Mr. Bal Thackeray. It is alleged that she has been arrested for allegedly hurting religious sentiments.[/size][/font][/color]

[color=#000000][font=arial][size=3]To my mind it is absurd to say that protesting against a bandh hurts religious sentiments. Under Article 19(1)(a) of our Constitution freedom of speech is a guaranteed fundamental right . [/size][/font][/color]

[color=#000000][font=arial][size=3]We are living in a democracy, not a fascist dictatorship. In fact this arrest itself appears to be a criminal act since under sections 341 and 342 it is a crime to wrongfully arrest or wrongfully confine someone who has committed no crime. [/size][/font][/color]

[color=#000000][font=arial][size=3]Hence if the facts reported are correct, I request you to immediately order the suspension, arrest, chargesheeting and criminal prosecution of the police personnel (however high they may be) who ordered as well as implemented the arrest of that woman, failing which I will deem it that you as Chief Minister are unable to run the state in a democratic manner as envisaged by the Constitution to which you have taken oath, and then the legal consequences will follow [/size][/font][/color]

[color=#000000][font=arial][size=3]Regards Justice Katju[/size][/font][/color]
[color=#000000][font=arial][size=3](Chairman, Press Council of India, and former Judge, Supreme Court of India)[/size][/font][/color]

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History behind the letter is


[color=#000000][font=arial][size=3]Anti-Thackeray FB girl, friend released on bail[/size][/font][/color][b]:[/b][color=#000000][font=arial][size=3] So, the Mumbai Mirror story is true. Police on Sunday arrested a 21-year-old girl for questioning the total shutdown in the city for Bal Thackeray's funeral on her Facebook account. [/size][/font][/color]

[b][size=4][color=#000000][font=arial]Another girl who 'liked' the comment was also arrested. Both have been released on bail. [/font][/color][/size][/b]

[color=#000000][font=arial][size=3]The duo were booked under Section 295 (a) of the IPC (for hurting religious sentiments) and Section 64 (a) of the Information Technology Act, 2000.[/size][/font][/color]

[color=#000000][font=arial][size=3]Though the girl withdrew her comment and apologised, a mob of some 2,000 Shiv Sena workers attacked and ransacked her uncle's orthopaedic clinic at Palghar.[/size][/font][/color]

[color=#000000][font=arial][size=3]"Her comment said people like Thackeray are born and die daily and one should not observe a bandh for that,' said inspector Uttam Sonawane.[/size][/font][/color]