Letter to Maharashtra CM on arrest of the young girl for her facebook status.

To, The Chief Minister Maharashtra Dear Chief Minister, I am forwarding an email I have received stating that a woman in Maharashtra has been arrested for protesting on Facebook against the shut down in Mumbai on the occasion of the death of Mr. Bal Thackeray. It is alleged that she has been arrested for allegedly hurting religious sentiments. To my mind it is absurd to say that protesting against a bandh hurts religious sentiments. Under Article 19(1)(a) of our Constitution freedom of speech is a guaranteed fundamental right . We are living in a democracy, not a fascist dicta torship. In fact this arrest itself appears to be a criminal act since under sections 34 1 and 342 it is a crime to wrongfully arrest or wrongfully confine someone who has committ ed no crime. Hence if the facts reported are correct, I request you to immediately order the suspension, arrest, chargesheeting and criminal prosecution of the police personnel (howeve r high they may be) who ordered as well as implemented the arrest of that woman, failing which I wil l deem it that you as Chief Minister are unable to run the state in a democratic manner as envisage d by the Constitution to which you have taken oath, and then the legal consequences will follow Regards Justice Katju (Chairman, Press Council of India, and former Judge, Supreme Court of India)