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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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Then It Was Emergency Now It Is Democracy

The Emergency happened 43 years ago and both, Mrs Gandhi and the Congress, lost power because of it in 1977

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Then It Was Emergency Now It Is Democracy
Then It Was Emergency Now It Is Democracy. Pixabay

An all-out war of words broke out last week between the BJP and the Congress on the 1975 Emergency. Observing June 26 as a ‘black day’, several BJP leaders targeted the Congress at events held across the country to highlight the Emergency’s excesses. Leading the charge with a sharp attack on the Congress was Prime Minister Narendra Modi. Addressing BJP workers in Mumbai last Tuesday, the prime minster said the country still refers to June 26 as a ‘dark period during which every institution was subverted and an atmosphere of fear was created’.

Without naming the Nehru-Gandhi family, Modi said the Constitution was misused at the behest of one family. He further went on to say that the mentality of the family had not changed even now after 43 years of the Emergency. ‘Whenever the family feared loss of power, it keeps shouting that the country is in crisis,’ the prime minister added. Expectedly, the Congress hit back with equally sharp criticism of the Modi government, equating Modi to Aurangzeb. It alleged that the prime minister was even crueller than the Mughal emperor as Modi has “enslaved democracy” in the country for the past 49 months with an “undeclared emergency”.

The 21-month period from 1975 to 1977, when the then prime minister Indira Gandhi had declared Emergency, was indeed a dark chapter in India’s democratic history. This was the third national Emergency – the first one was in 1962 when China invaded India and the second was in 1971 during the war with Pakistan – and the only one to be declared citing the “internal disturbances”.  During the 1975 Emergency, opposition leaders were arrested, civil rights curbed, elections postponed, anti-government protests crushed and press censored. It shook India to its core as the freedom to liberty, dissent and express ceased to exist. All this is well-known and in public domain. Therefore, what was so special about the 43rd anniversary of Emergency that the BJP observed as ‘black day’?

Bringing back memories of the Emergency days was clearly aimed at striking at the Congress’s weak spot. It was also meant to neutralise Congress president Rahul Gandhi’s frequent ‘murder of democracy’ gibes directed at the Modi government. This was not entirely unexpected in a pre-election year; neither was the Congress’s equally sharp response by likening Modi to Aurangzeb. As 2019 general elections approach, not only the political exchange between the two parties will gather momentum, but over the next 10 months, election-driven rhetoric, name-calling, inane allegations and historical debates will increase. Reminding Congress of the Emergency is just the beginning.

Congress on Friday promised to create one crore jobs across the southern state
Congress- wikimedia commons

While terming the Emergency as an ‘aberration’, the Congress has never expressed any remorse about the dark chapter in its history or condemned it. Claiming that during Emergency, Mrs Gandhi targeted the rich, black marketers, hoarders and zamindars is no justification for curbing civil liberties and press freedom and neutralising the opposition. The hesitation to admit Emergency as a major mistake has denied the Congress an opportunity to reassert its commitment to democratic values, though it was the primary builder of democracy in India after independence.

The Emergency happened 43 years ago and both, Mrs Gandhi and the Congress, lost power because of it in 1977. Since then, the Congress has ruled at the Centre several times without resorting to emergency measures. On the contrary, it has shown its commitment to democratic order and liberal values far better than the current BJP-led government. The Emergency of 1975 and the violations of civil liberties and press freedom were all real. But its parallels can be drawn with the contemporary situation, which is marked by erosion of institutional independence and integrity, rising intolerance and increasing mob violence which stems from the ideological support of the ruling party.

The right-wing assaults on constitutional institution and individuals’ democratic rights are for real, though there is no Emergency in force in India today. While conventional opposition leaders and parties have the liberty to become more than conventional Opposition and there is also the rising wave of resistance to right-wing assaults on individual rights and institutions, it is also true that there are whiffs of Emergency sentiments in the air and the strains of the Emergency doctrine and pulsations of fear are quite obvious. The Congress is not entirely off the mark when it accuses the Modi government of ‘undeclared emergency’ as the freedom of the media, people’s freedom of expression and their right to live without fear have come under new kinds of threats.

There is no overt press censorship but the government has tried to muzzle and manipulate the media through various means. A section of the media has either caved in to the fear of administrative power or fallen for the lure of money-power. Apart from the media, there have been sustained attempts to weaken and misuse other constitutional and non-constitutional institutions, including the judiciary. Interestingly, all this is happening when the BJP is in power and questioning the Congress’s commitment to the principles and practice of democracy, while the BJP has diluted its own commitment to the philosophy of parliamentary democracy, liberal values and press freedom.

This is quite surprising because while the taint of Emergency continues to haunt the Congress, the BJP, despite its proud status of a party whose leaders were at the forefront of the struggle against the Emergency 43 years ago, is not deterred to misuse the levers of power against its political opponents, ‘difficult’ sections of the media, and independent or ‘inconvenient’ voices that question the government on various issues. With scant regard for critical debate and plurality of views under the current ruling dispensation, what we are seeing now is some kind of a role reversal. Mrs Gandhi subverted institutions to retain power. The BJP is trying to do the same by weakening the same institutions.

Also read: India sends Emergency Fuel Supplies to Sri Lanka

The Emergency should serve as a warning to political parties: threats to democracy and people’s constitutional rights – either directly or indirectly – create resentment and negative public opinion against government. The Emergency created a unity among opposition parties that never existed before and became the cause of Mrs Gandhi’s defeat. It is too early to say whether the Modi government’s attempts to misuse democratic institutions for his party’s narrow interests and the right wing attacks on institutions and rights of citizens will help create similar kind of opposition unity, which will determine the outcome of 2019 elections. (IANS)