Padmaavat Row: Supreme Court Upholds Democracy, But Executive Lags Behind in Countering Karni Sena Threat
The violence was unleashed by Karni Sena after the Supreme Court bench led by Chief Justice of India Deepak Misra nullified the ban imposed on Padmaavat by four states.
New Delhi, Jan 25: Despite the Supreme Court ordering strict maintenance of law and order in the wake of threats posed by Rajput group Karni Sena, a purported violation of its order was on display as the fringe group cadres ran amok in several parts of the nation.
Over 200 vehicles were gutted and dozens of shops were vandalised in Ahmedabad, two prime roadways -- Delhi-Jaipur Highway and Wazirpur-Pataudi road -- in Haryana were blocked, a school bus ferrying children was pelted with stones in Gurugram, cinema halls were vandalised in Lucknow and another fringe group -- Kanpur Kshatriya Mahasabha declared a bounty on Padmaavat's lead actress Deepika Padukone. The list goes on.
The violence was unleashed by Karni Sena after the Supreme Court bench led by Chief Justice of India Deepak Misra nullified the ban imposed on Padmaavat by the four states -- Gujarat, Rajasthan, Madhya Pradesh and Haryana.
The states of Rajasthan and Madhya Pradesh filed a review petition on Tuesday citing the threat to law and order posed by Karni Sena members. The CJI, however, refused to amend the earlier order. Instead, the court ordered the states to take adequate measures to prevent breakdown of public order.
Executive lags behind: What legal measures could have been taken to prevent the unrest
- Akin to the steps enacted by Mumbai Police -- which took over 100 Karni Sena members into preventive custody ahead of the movie's release -- the state governments of Haryana, Rajasthan, Gujarat and Madhya Pradesh could have ordered a similar crackdown, detaining the first and second-rung leadership of the Karni Sena regional units.
- Section 141 to 190 of the Indian Penal Code (IPC) provide a range of provisions for taking punitive and preventive action in the wake of unrest.
- Sections 149 to 151 of the Criminal Penal Code (CrPC) allows the police to crackdown on the first and second rung leaders of agitating parties even in cases where the unlawful assembly is still under contemplation.
- The sword rally of Karni Sena members in Jaipur, the burning of tyres to block roadways in Bihar's Muzaffarpur are to be considered as protests where the agitating party has not assembled "without arms". Hence, action could be taken against them for violating Article 19 (3) of the Indian Constitution, which places restraint on the freedom to protest.
- Under Section 294 of IPC, which is a cognizable offence, the police are mandated to arrest the Karni Sena activists protesting with swords, stones and sticks in the public.
- The bike rally participants, brazenly violating traffic rules as seen in the footage captured by TV news channels, are liable to be prosecuted. They could also be booked under Road Regulations Act, 1988, in case no police permission was sought from the traffic police for the protests.
- The Kanpur Kshatriya Mahasabha which announced cash reward for anyone who "cuts the nose of Deepika Padukone", is liable for action under Section 506 of the IPC. Similar charges could be invoked against Karni Sena members who have threatened jauhar or mass-immolation of their female-cadres.
- The Rapid Action Force (RAF) is specially designated to control riots. With the SC ordering the states in advance to maintain law and order, the governments could had called for RAF assistance if the incumbent state machinery was found to be insufficient to tackle the threat posed by Karni Sena.
The state machinery, however, is competent enough to tackle the challenges laid down by fringe elements, claim a state-authorised study. "Our established institutions and the recognized hierarchy should be able to rise to the occasion, howsoever serious, and deal with it," says a 2011 report published by the Bureau of Police Research & Development, Ministry of Home Affairs.
The failure of the security forces, the report claims, is due to subversive and corrupt practices. "The police organization in particular has been politicized to an extent where it has become almost dysfunctional and incapable of handling very grave situations," the report adds.
(The above story first appeared on LatestLY on Jan 25, 2018 02:45 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).