Past Wednesday, Delhi Law Minister Somnath Bharti was caught on camera shouting at policemen. The reason for the Law Minster’s anger at Delhi police was police’s reluctance to undertake a surprise raid on what the minster claimed was a prostitution and drug trafficking racket involving Nigerian Nationals in the Khirki village area of Delhi.
Not only the Law minister was caught shouting at the Delhi police, a minor scuffle also took place between the Delhi Police personnel and the supporters of the Minister, many of whom, were the residents of the area.
Why was Delhi Police reluctant at raiding the house alleged to be the den of prostitution and drug trafficking?
Clearing its stand on the incident later, the Delhi police revealed that they had no warrant to raid the premises. That apart, they can’t barge into a house at night, which houses women.
IS CM Arvind Kejriwal defending the indefensible?
A day after the incident, Delhi CM in a Press Conference defended the Law Minister.
A couple of days later he went to the Union Home minister, demanding the suspension of the said police personnel. when nothing substantial came out of the meeting, CM Kejriwal threatened to undertake a protest against Delhi Police. He’s still sticking to this plan.
Only yesterday, Arvind Kejriwal in an exclusive interview to NDTV’s Barkha Dutt once again defended the conduct of Delhi Law Minister Somnath Bharti.
This brings us to an important question. Is CM Kejriwal defending the indefensible? Is CM Arvind Kejriwal getting unnecessarily adamant?
It appears so.
First of all, no one including a minister, can demand a raid on any home or premises, without a judicial warrant. Hence the Delhi Police’s reluctance to raid the premises was justified.
Secondly, the Law bars the police to raid after dark and before sunrise, even with a valid warrant to raid any premises, with or without the intent to arrest the inhabitants, if the inhabitants are women. Hence Delhi police’s inability to raid the premises on that reasoning, is justified as well.
Unfortunately, the Delhi Law Minister doesn’t know this very basic procedure of law.
Arvind Kejriwal of late has come out as an adamant man with a big ego. That’s why he’s defending an indefensible act of his minister.
Today, a crowd backed by a Law Minister is demanding an illegal raid. Tomorrow, some local petty politician backed by a handful of supporters, for some selfish motive, will press the police to barge into an house. Any such entry can be debated as the onus of ascertaining the criminality lies only on the Courts of justice. If one delegates this responsibility to the police, ministers, politicians and citizens; then everyday people’s houses will be raided for real and imaginary claims.
I’m not saying that Law Minister’s claims of some racket or the privity of the Delhi Police personnel in that racket are baseless. What I’m saying is : The Rule of Law is sacrosanct and no citizen, particularly a Law Minister must press the Police to act Ultra Vires (means “beyond powers”). As any repercussions of such a conduct will have the first effect on the Common man, the poor man.
The mark of an intelligent man is to act without ego; and accept his/her mistake. Delhi CM Arvind Kejriwal is not doing this right now.