THIRUVANANTHAPURAM: “Handcuffing is prima facie inhuman and, therefore, unreasonable, is over-harsh and at the first flush, arbitrary.
Absent fair procedure and objective monitoring, to inflict “irons” is to resort to zoological strategies repugnant to Article 21 (Right to Life and Personal Liberty)” - Justice V R Krishna Iyer in Prem Shanker Shukla v. Delhi Administration [(1980) 3 SCC 526]
There has been a murmur in the air for a while now - “forces within the government are working overtime to topple the Pinarayi Government.”
The developments over the last few days seem to supplement this. The brutal handling of Jishnu Pranoy’s mother by the police, arrest of K M Shajahan and M Shajarkhan and now the handcuffing of the journalists arrested in the sleazegate case.
Left leaders were among the first to point out that the police erred and messed up the attempted agitation of Mahija. The arrest of Shajahan and Shajarkhan has sparked off allegations of witch-hunt as there is no proof, visual or otherwise, of them trying to instigate the gathering or create mayhem whereas the police were seen to go overboard.
While fellow mediapersons were the first to condemn and disassociate themselves from the brand of journalism shown by Mangalam TV, the handling of the accused has raised many eyebrows.
It is being pointed out SC guidelines were openly flouted in handcuffing two of the accused - Mangalam TV MD and editor-in-chief R Ajithkumar and chief reporter R Jayachandran - while they were produced in court on Friday.
The two accused journalists in question had reported before the SIT and have not committed any act that would justify the mandates by the Supreme Court. The action of the officers also violate articles 5 and 10 of Universal Declaration of Human Rights (UDHR) and NHRC guidelines.
It is not known yet on whose advice the police are acting. Or whether someone high up in the echelons of power is sending out a message to the media. However, with discontent simmering inside the ruling front and the leading party the government and the Chief Minister would do well to seek saner counsel, point out senior leaders.