Mevani's arrest exposes intolerance of rulers to dissent

Jignesh Mevani, an independent MLA from Gujarat, was arrested by Assam police on April 20. The police booked this young, Congress-backed Dalit MLA for allegedly tweeting against PM Narendra Modi. Shamefully, on April 25, the Assam Police re-arrested Mevani after he got bail in the earlier mentioned case. This case was about allegedly assaulting a female police officer on duty. The most significant outcome of this case is the bail order passed by the Barpeta district and session court. In the bail order, the sharp observation of the court against the police and state is a reality check for rulers across political parties. However, the Gauhati High Court stayed these observations on Monday. But, in the midst of the legal wrangling, the reality of the political class's intolerance cannot be overlooked.

The Assam Police FIR in the alleged molestation case was "manufactured," the court observed. According to media reports, “The court also requested the Gauhati High Court to take up a petition on its own against recent police excesses in the state.” The media reports on the bail order of Mevani noted that in his order, the sessions court judge, Justice Aparesh Chakraborty, said, "Converting our hard-earned democracy into a police state is simply unthinkable. If the instant case is accepted to be true and in view of the statement of the woman recorded by the magistrate... which it is not, then we will have to rewrite the criminal jurisprudence of the country.”

Meanwhile, staying the order, the Gauhati High Court observed, "The observations are beyond the jurisdiction of the lower court."

Tired of corruption in the final stages of the Congress-led UPA government, Indians voted for the Bharatiya Janata Party. When Narendra Modi was elected Prime Minister in 2014 with a historic majority, citizens expected this government to work on real development. However, the exact opposite occurred. The BJP and its ideological parent organization, the Rashtriya Swayamsevak Sangh, or RSS, began oppressing citizens in large numbers.

The atrocities against the opposition under the Bharatiya Janata Party were not limited to politics. Earlier, political rivalry used to be the main reason for state atrocities. But under the RSS-BJP regime, state oppression has become ideological. Anyone who disagrees with the BJP's ideology is considered a potential threat.

Just as the Assam police arrested Mevani on frivolous charges under the IT Act for a tweet critical of the Prime Minister and later on a false molestation charge, opposition leaders, activists, and journalists have been subjected to similar treatment across the country. Before every election, the opposition leaders face harassment from the central agencies in the name of investigations.

Several studies and government data show that under the BJP regime, there has been a significant increase in the abuse of state power and the use of draconian laws such as the Unlawful Activities Prevention Act (UAPA) or Sedition. According to national crime record bureau data in 2019, there was a 165% jump in sedition cases and a 33% jump in UAPA cases.

Last month, journalist Rana Ayyub was denied permission to travel abroad by the Enforcement Directorate due to an order about which she had no prior knowledge. Aakar Patel, a well-known activist and former India director of Amnesty International, was subjected to similar CBI harassment just before boarding his flight. Furthermore, despite the lower court's order allowing Patel to fly abroad, the CBI stopped him again, claiming that they had filed an appeal in the High Court. The judiciary upheld the rights of Ayyub and Patel in both cases by quashing the orders of the central agencies. However, the fact of state intimidation against those of descent remains.

Earlier, in the Bhima Koregoan case, police and central agencies arrested several activists and lawyers. The charges against them included alleged Maoist ties and an assassination plot against the Prime Minister. The National Investigative Agency (NIA) is probing the case. Significantly, the NIA itself has been accused of orchestrating and fabricating facts. The allegations against the NIA were on record in the Bombay High Court.

In the case of Rona Wilson, a human rights lawyer and an accused in the Bhima Koregaon case, a significant observation was made in front of the Bombay High Court. In his book, The Silent Coup, investigative journalist Josy Joseph wrote: "Arsenal Consulting, a USbased forensic team, in a report to the Bombay High Court, said that they found that someone with extensive resources (including time) had accessed Wilson‘s computer on June 13, 2016. and manipulated it for almost two years."

Today, the issue of intolerance and curbing dissent is not restricted to the BJP. Non-BJP chief ministers like Uddhav Thackeray of Maharashtra, Mamata Banerjee, K Chandrashekhar Rao, and others have also been doing the same in their respective states. Supporters, leaders, and activists who oppose the ruling regime face similar atrocities in these states.

To put an end to this political intolerance, not only must the political system be corrected, but also the judicial system. There is no doubt that several trial courts, the High Courts, and the Supreme Court have come to the rescue in many cases of state atrocities against people. At the same time, several political activists remain imprisoned, pleading for bail but being denied. Today, it is a source of great joy that India's Supreme Court has expressed an interest in taking a stand on the draconian colonial law of sedition. There is no end to political vendettas. However, it is dangerous if this vendetta becomes an integral part of politics and, moreover, extends beyond politics to ideology. Dissent is the beauty of democracy. Everyone, from the political class to the administration to the judiciary, must defend the right to dissent. This is the only way to uphold democracy.

Justice Aparesh Chakraborty, said, "Converting our hard-earned democracy into a police state is simply unthinkable. If the instant case is accepted to be true... which it is not, then we will have to rewrite the criminal jurisprudence of the country.”