Opposition attacks govt over handling of stirs against CAA, NRC

The Opposition Congress and JD(S) mounted an attack on the ruling BJP in the Assembly on Wednesday, on the back of some recent High Court orders and observations on alleged police excesses.

The debate was so heated that Law Minister J C Madhuswamy, in a fit of pique, suggested removing Section 144 of the CrPC, on imposing prohibitory orders.

Leader of the Opposition Siddaramaiah lambasted the BJP government citing the recent High Court order that declared as “illegal” the imposition of Section 144 in Bengaluru in December last year. “Any agitation or protest that’s peaceful can’t be stopped because it amounts to curbing a fundamental right,” Siddaramaiah said.

“Why don’t we just remove it from the CrPC?” an irked Madhuswamy said, since the Opposition raised a question on who really had the authority to decide on imposing prohibitory orders.

The Assembly then plunged into a debate on whether or not the legislature can discuss matters that are pending adjudication.

Siddaramaiah cited the Supreme Court decision in the Kedarnath Singh vs State of Bihar case to buttress his argument that the sedition law was misused.

“A sedition case has been filed against (Congress leader) U T Khader, who only said that Mangaluru will burn if the NRC is rolled out, in the backdrop of nationwide protests. He didn’t say Mangaluru will be set fire to. There’s a big difference,” Siddaramaiah said, adding that “false cases of sedition were filed.”

Madhuswamy accused Siddaramaiah of “trying to influence the court” as Khader’s case, for instance, was subjudice. “If you want to defend this in the Assembly, why do we need courts? We’re yet to file charge sheets and proceedings are still underway. Let the court decide if it’s wrong or not,” he said.

Madhuswamy said the government will appeal against the bail order of the High Court. He also read out a SC observation that no judge can comment on whether a person is innocent or guilty and that granting bail should be confined to just that.

The Opposition also latched on to the High Court’s observation while allowing a bail petition by those allegedly involved in violence during anti-CAA protests in Mangaluru. “The HC said no evidence was produced to show their involvement. Doesn’t that make them innocent? This clearly shows that what happened in Mangaluru was government-sponsored and a pre-planned police action,” Siddaramaiah said.

H D Kumaraswamy of the JD(S) also pointed this out. “The government advocates ensure bail plea is rejected in silly cases. But in this case, it’s the failure of the law department. Why do you have such advocates who bring a bad name to the government and police?”