MONDAY, 17 OCTOBER 2011
“…There was no breach of any of the conditions, action of Delhi Police was an act of Criminal Intimidation, it was a show of Criminal Force. Men, women and children were sleeping; Delhi Police own affidavit says that Baba Ramdev himself was sleeping. This crowd went to sleep after the Shanti Paath and they had nothing to do with the traffic. Whoever woke them up is guilty of culpable homicide of the poor lady Rajbala who lost her life.Look at the shamelessness, the records show that the people were injured due to stampede and they did not have Lathis, these are monstrous lies…” argued Jethmalani.
Refuting the claims of Delhi Police that Ramdev followers had brought bricks at the venue, Jethmalani said that the bricks were brought for constructions of temporary toilets at the venue. “…the guardians of law who entered to restore the law and order were seen trowing showers of bricks on the Kutia (कुटिया ) of Baba Ramdev. They called us unlawful assembly but in this case, it was the police which formed unlawful assembly…” argued Jethmalani.
Attacking the order under Section 144 of CrPC, Jethmalani came down heavily on the language of the order. Tearing apart the contents of the order which suggested that some people or groups wanted to disturb the peace and tranquility in the area, Jethmalani argued, “…you are bound to tell under section 144 the facts, you cant just say there are “some” people who are going to create disturbance. In a way, the followers of Ramdev would have thought that they are the ones who are going to be attacked. Suggesting the entire area as a communally sensitive area is a slur on the Muslim population there…”
Concluding his arguments for the day, Jethmalani informed the bench that the police was required to give adequate notice to people before resorting to any action and if the people did not cooperate only then the police could have taken any action. The court posted the matter for further hearing for 4th November.