On June 9, 2015 entire day all Indian TV Channels covered the arrest of Delhi Law Minister Jitender Singh Tomar of ‘Aam Aadmi Party’ (AAP) by Delhi Police in which people were given to understand that:
(1)- Fake / forged certificates (of Graduation & Law) were furnished by Tomar to Bar Council which on preliminary inquiry Bar Council too found to be fake / forged
(2)- Bar Council lodged a complaint with Delhi Police in May, 2015 which after investigation with Degree college / its university in U.P and law college / its university in Bihar the Delhi police also found these two certificates to be fake / forged.
(3)- Delhi Police registered FIR (regarding cheating, forgery, criminal conspiracy etc) and arrested Tomar and then produced him before Saket Court
(4)- In the evening Saket Court Magistrate sent Tomar for 4 days of Police custody for further interrogation and investigation.
(5)- Throughout the day, the AAP spokespersons kept on saying that AAP allowed Tomar to continue as Law Minister because he denied charges and in support of his assertion produced two affidavits which have been submitted by the college authorities (of Graduation and Law) in Delhi High Court (claiming that both certificates are genuine)
(6)- Not only AAP spokespersons but even some senior advocates of Supreme Court who appeared on these programs on TV channels said that this case is in Delhi High Court also to ascertain whether these certificates are genuine or fake / forged. Delhi Police and Saket Court have no authority / power to arrest Tomar and then send him to Police custody in this manner (because even criminal case based on civil findings has to wait till that finding is over in Court more so especially when crucial civil matter is already pending in Court and that too in High Court )
(7)- AAP spokespersons also said that Tomar (AAP) will move Superior Court against the impugned order of Saket Court Magistrate.
But if above mentioned is true then Tomar (AAP) should not only appeal to Superior Court against the impugned order of Saket Court Magistrate but should also move criminal contempt petition in Delhi High Court against (i)- Magistrate of Saket Court and (ii)- Concerned authorities of Delhi Police – under section 2 (c ) (ii) (iii), read with sections 15, 16 of Contempt of Court Act (for Prejudicing, interfering and tending to interfere with the due course of said judicial proceeding of Delhi High Court and interfering and tending to interfere with and obstructing and tending to obstruct, the administration of justice by Delhi High Court)
If Tomar is guilty of forging the certificates (which will be decided by High Court) then he should of-course be punished as per law. But let first High Court decide it. Otherwise the liberty of the people all over India is in great danger of being violated (in future with impunity) by such legally objectionable acts of not only Police but even of Presiding Officers of Subordinate Courts.
However, Here’s what should be done:
Asli-Naqli Law Minister Dodges & Eats away Public Four Months and Modi Sarkar stands as audience only to crack down at 3pm night.
(1) Let’s put all certificates of the Hon.Minister on a public domain after 4 months, its the only way out for UNITED AAP in this shameful event.
(2) Stop hiding transparency flow– this can save diversion in this unnecessary Public debate which is eating Public time with NO transparency.
(3) This is an open and shut simple case even in absence of a Lokpal.
(4) A very simple, fast way to settle this deadlock is to invite all Law students of that year via internet/social media to respond to an invitation in favour of this deadlock with their supporting certificates.
Is AAP-Modi Sarkar ready to settle this petty Asli Nakli (Real-Fake) contest ?
By Hemraj Jain and Rakesh Manchanda