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Saw AAP MLAs Assaulting Chief Secretary, CM’s Advisor Tells Police

The AAP defended by stating that Jain had initially told police that he did not witness any assault and police has threatened Jain to change his statement

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The AAP had denied the charges of assault and said that the Chief Secretary was making allegations at the behest of the BJP. Wikimedia Commons
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Delhi Chief Minister Arvind Kejriwal’s adviser V. K. Jain on Thursday told police that he saw AAP MLAs Amanatullah Khan and Prakash Jarwal “physically assaulting” Chief Secretary Anshu Prakash, according to Jain’s statement recorded by the Delhi Police.

The AAP defended by stating that Jain had initially told police that he did not witness any assault and police has threatened Jain to change his statement.

On Tuesday, the Chief Secretary had alleged that he was beaten up by the two AAP MLAs in the presence of Kejriwal at the Chief Minister’s residence on Monday night, where he had been called for an emergency meeting.

ALSO READ: The assault on Chief Secretary exposes the double standards of AAP government

Police later arrested Khan and Jarwal and they were sent to judicial custody till Thursday.

According to the Chief Secretary, the Chief Minister’s adviser had called him over the phone and asked him to come to the Chief Minister’s residence for the meeting and Jain was also present there.

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According to the statement, Jain also saw that the Chief Secretary’s spectacles had fallen to the ground and the Chief Secretary picked them up and left the room. Wikimedia Commons

On Thursday, the Delhi Police submitted Jain’s statement at a city court, which said that Jain had gone to the washroom during the meeting and as he came out he saw the two AAP MLAs “physically assaulting” the Chief Secretary.

The statement was recorded under Section 161 of the CrPC, which means that it was recorded in front of the police and not a magistrate.

Sources told IANS that Jain later recorded his statement in front of a magistrate under section 164 of the CrPC.

“The statement under section 164 was later recorded with the magistrate in front a camera, without the presence of police. In that statement also he (Jain) has said that he saw the two MLAs physically assaulting the Chief Secretary,” a police officer privy to the case told IANS.

The officer said that the statement under section 164 has also been submitted to the court.

Jain was first questioned on Wednesday morning and then again on Thursday and his statement was recorded on Thursday.

The change in Jain’s statement that the AAP was referring to was from a “question and answer” with Jain recorded by police after questioning him on Wednesday.

According to a copy of Wednesday’s “question and answer” recorded by police, when asked whether Jain saw the Chief Secretary being manhandled, he replied that he had gone to the washroom in between the meeting and he could not say what happened during that time.

“By putting pressure on him (Jain) throughout the day (Thursday) and by threatening him, police has forced him to change his statement,” AAP MP Sanjay Singh told the media here on Thursday.

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Singh said that the whole issue was a conspiracy to “bring down the Delhi government” and to “defame the AAP”. Wikimedia Commons

 

“How is it that the same Jain who emphatically said yesterday that he witnessed no assault during the entire time that he was present there has now claimed otherwise?” he asked.

Singh said that AAP MLAs were being arrested over an alleged assault of which there was no proof.

“But on the other hand, despite there being video footage of officials assaulting Delhi Cabinet Minister Imran Hussain, there is no action taken against the guilty by the Delhi Police,” the AAP MP said.

The court on Thursday sent the two AAP MLAs, arrested on charges of assaulting the Chief Secretary, to judicial custody for 14 days.

ALSO READ: Delhi Chief Secretary row: AAP MLA arrested

Orders on the bail pleas of the two AAP MLAs and also on their police custody will be pronounced on Friday.

Meanwhile, scores of Delhi government employees across the city observed a five-minute silence outside their respective offices as a protest against the alleged assault on the Chief Secretary.

The IAS Association said that officers would continue the protest every day, till steps are taken to “ensure safety and dignity” of government staff in the city.

The AAP also hit out at Lt Governor Anil Baijal by stating that he was “working as a BJP agent” and demanded action against those involved in “manhandling and beating up” Hussain and his aide at the Delhi Secretariat on Tuesday. (IANS)

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What Would Be The Outcome Of The Judgement On Homosexuality With BJP At The Centre?

If parties like the BJP and "cultural" organisations like the RSS realise the value and motivation of such mindsets, they will desist from their present attempts to impose a straitjacket of their pseudo-religious identity on the nation.

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Ruling on gays: Is the BJP out of sync with modern realities? Flickr

More than the social impact of the Supreme Court’s judgment on homosexuality, what will be of concern to the ruling party at the Centre is its political fallout. Hence, the eloquent silence of the Bharatiya Janata Party (BJP) on the subject.

For the BJP and its ideological mentor, the Rashtriya Swayamsevak Sangh (RSS), any expansion of the concept of civil liberties is fraught with danger to their restrictive worldviews since a widening of human rights carries the prospect of greater individualism.

If the rights of the homosexuals to live without legal constraints are conceded, it can only encourage the people to free themselves of other restrictions as well such as on choosing live-in partners (of whatever sex) and eating, dressing and speaking as they please.

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SC decriminalises homosexuality, victory for gay rights. Pixabay

It is noteworthy that the verdict on gays has come close on the heels of the judgment which described the right to dissent as a “safety valve” which the government can only shut off at its peril lest there is an explosion.

Moreover, the court had also upheld not long ago the right to privacy which the government described as an “elitist” concept.

For the Hindu Right, as also for other religious fundamentalists, this dalliance with civil rights — the freedom to criticise the government, the exaltation of privacy and now the decriminalisation of homosexuality — entails a push towards liberalism and modernism which are anathema to any group which wants the society to be bound by shackles of orthodoxy and obscurantism.

It is ironic that although the Hindutva brotherhood speaks of decolonising the Indian mind, the two colonial laws which have long been its favourites are the section on homosexuality in the Indian Penal Code and on sedition.

Now that one of them is gone, there is little doubt that these closet followers of Britain’s 19th century politician Lord Macaulay — even as they decry the secular groups as “Macaulay’s children” — will hold on resolutely to the law on sedition as their only safeguard against the “anti-nationals” who, they believe, stalk the land.

Homosexuality
It is ironic that although the Hindutva brotherhood speaks of decolonising the Indian mind, the two colonial laws which have long been its favourites are the section on homosexuality in the Indian Penal Code and on sedition.
Wikimedia Commons

It is also possible that the saffronites will keep a hawk’s eye on any social problems that may arise because of the assertion of gay rights. As the BJP MP Subramanian Swamy has said, with eager anticipation, if a five-judge bench can overturn an earlier judgment in favour of criminalising homosexuality, a larger bench can undo the present verdict if gay bars begin to flourish and there is a rise in the cases of HIV (human immunodeficiency virus) infections.

Interestingly, what these judgments underline is how the judiciary is more attuned to the changing world than the elected representatives of the hoi polloi who often argue in favour of giving greater primacy to the legislature than the judiciary since they claim to represent the people while the judges are unelected denizens of an ivory tower.

However, one possible reason why MPs and MLAs, especially of the BJP, seem to be out of sync with the present-day world is the presence in their midst of a large number of criminal elements who can hardly be regarded as the most progressive sections of society.

For instance, of the 543 elected members of the Lok Sabha, of whom 186 have a criminal record, 63 belong to the BJP, followed by eight of the Shiv Sena, four of the Trinamool Congress and three each of the Congress and the AIADMK.

Homosexuality
Gay Pride Procession. Pixabay

What the Supreme Court judgment appears to have done is to persuade parties like the Congress, which usually hedges its bets lest it should fall on the wrong side of public opinion, to come out in the verdict’s favour, presumably because it senses that this judgment, more than any other, has become a touchstone in the matter of breaking out from the stranglehold of the past.

To distance a party from it, as the BJP is doing, will amount to virtually alienating the entire youth community. Even if a majority among them do not have homosexual instincts — according to official figures, there are 2.5 million gay people in India, but this may be an underestimate since, till now, it was unsafe for them to reveal their sexual orientation — the youths nevertheless see the ruling as an assertion of living life on one’s own terms and not be held hostage by the dictates of a society steeped in conservatism and of political parties which believe that their agenda can only advanced if the country is made forcibly to conform to khap panchayat-style social and cultural norms.

Also Read: Why JDU & BJP Coalition Will Remain Instant

To these youths, being or not being aware of homosexuality is of little consequence. What matters to them is to be able to make up their own minds and not be told by elders to abide by certain rules which are regarded as outdated by the younger generation.

If parties like the BJP and “cultural” organisations like the RSS realise the value and motivation of such mindsets, they will desist from their present attempts to impose a straitjacket of their pseudo-religious identity on the nation. (IANS)