This week saw yet another ghar wapasi, this time of another kind. The return of Aryan Khan to his home, after 23 days of incarceration, with no bail granted. There was a media circus about his return home, there was a media circus about his incarceration, there was a media circus about his arrest, to say nothing of 1million whats app forwards baying for his blood. What there has not been much in the press about, is what was the case against him. The case against Khan junior who wasn't under the influence of drugs, who wasn't in the possession of drugs, is that some one he knew had some drugs on him. Even under the present narcotics act, which suspends several human rights principles, (a fact which doesn't seem to worry anyone), this doesn't look like an offence which requires 23 days to get bail. However, thanks to a rich and famous father (who, paradoxically, might have been the reason why he was arrested), Aryan had a legal team fighting for him, which has ensured his gharwapasi for the time being at least.
On the other hand, there was not even a media squeak about a ghar nonwapasi, the human rights lawyer and activist, Sudha Bharadwaj, languishing in gaol without bail, or a trial, since August 2018, together with four others, equally well known. Ms Bharadwaj, like the others, was arrested in connection with the Koregaon Bhima case for `her involvement in inciting violence' at the Elgar Parishad. She was neither mentioned in the FIR, nor present during the Elgar parishad in 2017, when the violence occured. A visiting professor of the National Law University, she has been continuously denied bail requested on health grounds and other grounds, for three years, for a case which has not come to trial, probably because, as various people have said, that there is not a shred of evidence against her which can actually stand up in court.
In both cases, the basic principle of law, viz. habeas corpus has been suspended, in one case by raising the bogey man of narcotics, in the other by raising the bogey man of `Maoist Violence'. Neither case has come to court or been proven. Meanwhile, civil society watches on, content with trial by media, and feeds on vicious what's app forwards. Perhaps the case can be resolved, if Aryan's lawyers take up Sudha's case. Could you look into this Mr. Khan? If you could ensure gharwapasi for her, on this festival of Diwali, that would be an act of charity indeed!
This blog post is by Neelima Gupte and Sumathi Rao.
Tailpiece: This might also be of interest Civil Society (Take 3)
Update: Ms Bharadwaj and others were finally granted bail yesterday. They were granted bail on a technicality, rather than on any case of Satyamev Jayate. However, given everything, let us just be thankful they are home. Or are they? Watch this space.
2/12/2021
