Turning the
National Capital into a Fortress
The Union Home Ministry, out of panic and insecurity,
moved to fortify Delhi against the protest called on October 10,2026 at Jantar
Matar by the Cockroach Janta Party (CJP), the All-India Students’ Association (AISA) and others to demand the resignation of Chief Election Commissioner (CEC),
Gyanesh Kumar, for the vote chori.
The previous day, the national capital was locked down
by deploying more than 40,000 Delhi policemen and central forces, including the
Border Security Force and the Rapid Action Force, to pre-empt the protest march;
and with Jantar Mantar and Delhi borders sealed; hundreds of outstation trains reaching
Delhi halted; Metro stations closed; checkpoints every hundred metres, multiple layers of concrete barriers and spike strips laid across the roads, internet shutdown,
shops and hotels closed, Central Delhi -the seat of power - looked like a war zone as if preparing to fight
an invading enemy.
The state was fighting against its own people. The unarmed youth were treated like the enemy
of the nation. They were not allowed to protest peacefully, despite the Constitution's guarantee of the fundamental
right to protest, causing more hardship to ordinary
people than what the protest would have otherwise. However, state forces could not stop the
flash protests as people took to the streets in different locations, chanting slogans and demanding the resignation of Gyanesh Kumar. The might of the State machinery cannot
silence the people’s voice; nor can it silence the dissenters.
A ten-member INDIA bloc delegation, led by the LoPs
Rahul Gandhi and Mallikarjun Kharge met the President Draupadi Murmu on October
9 and presented a Memorandum demanding the resignation of Gyanesh Kumar over vote chori under his supervision. The Memorandum says: “We have
incontrovertible proof that vote chori has taken place on a massive scale in
election after election. Assembly elections in Haryana, Maharashtra, Madhya Pradesh,
Chattisgarh, Bihar, Delhi and West Bengal have been stolen.” They also demanded
the suspension of the ongoing SIR of electoral rolls and returning to paper
ballots for all elections replacing the EVMs; and repealing the Chief Election
Commissioner and other Election Commissioners (Appointment, Conditions of Service
and Term of Office) Act 2023
that
provides life-long immunity to the CEC and ECs, with a mala fide intent.
On the day of the protest, thousands of people were detained
illegally, in violation of the law; thousands were confined to their homes, and any
person suspected of marching towards Jantar Mantar was detained. The police
and the right-wing goons and goondas were beating and bashing the young protesters. The CJP trio– Abhijeet Dipke, Ashutosh
Ranka and Saurav Das - were detained at the IGI Airport on their landing from
Mumbai. The next day, they were released
on the orders of the Executive Magistrate at Delhi Cantt. after they signed a Rs.50,000 surety bond and an undertaking to maintain peace and
good behaviour for one year.
On October 10, Rahul Gandhi and Mallikarjun Kharge, Opposition
Leaders in the Lok Sabha and the Rajya Sabha respectively, wrote a letter to
the Chief Justice of India (CJI) Surya Kant seeking appointment on 12 October
to present him a Memorandum demanding the resignation of the CEC, rollback of
the SIR exercises, return to paper ballots and abandonment of EVMs, and annulment
of recent State Assembly elections. The CJI refused the appointment, stating that
meeting would be ‘incompatible with judicial propriety and the constitutional principle
of separation of powers.” Instead, he suggested
in his letter to them that they could file a Petition listing these issues, which
he assured would be heard at the earliest.
The campaign against the CEC got escalated. On October
11, Rahul Gandhi gave a call for Chalo Dilli urging students, civil
society originations and opposition parties to join the march to the Supreme
Court to save democracy: “Tomorrow, we will march to the Supreme Court as
Indians, united beyond party, gender, caste, community and state. The youth,
all Opposition parties, civil society groups, all those who believe in democracy
and stand by the Constitution of India will walk with us. There is nothing to fear. These cowards cannot intimidate
us. They will have to step aside. We will march together with love, brotherhood,
and patriotism." Referring to the protests on October 10, he said the youth, with
love in their hearts, had hit the streets in Dehi to protest peacefully, but were
‘beaten by the police and BJP goons’
Earlier on October 10, in his interaction with the students at the Chatron Ki Goong event in Chennai, its sixth edition, he lent his support to the students protesting in Delhi: "I want to make it very clear to every single student who is protesting not only in Delhi but across the country: You have nothing to fear. We are with you and we are going to make sure that Mr. Narendra Modi, Amit Shah. Mohan Bhagwat, Ajit Doval and this group of conspirators who have destroyed Indian democracy, who are using Gyanesh Kumar to steal elections, are brought to justice."
The INDIA bloc MPs march to the Supreme Court started from
the Constitution Club reached the Court late evening; and a Petition by 13 Opposition
leaders was filed in the apex court raising various demands related election conduct, vote chori, and the partisan functioning of the CEC. An estimated
crowd of 2.5 lakh people, representing students, opposition parties and their workers,
journalists, advocates and civil society groups and ordinary citizens across
party affiliations, expressed their solidary and took part in the historic March for Democracy. This Is unprecedented in Delhi's history, for the first time, so many people marched to the Supreme Court for a larger national
cause.
That an elected government of the world’s largest democracy
turned the national capital into a Fortress, just to stop a peaceful protest by
the youth, is highly condemnable- ‘using a hammer to kill a fly’. The right to organise, assemble, and speak is
at the core of democracy. Denying this fundamental constitutional right is denying democracy. Delhi was under siege as if under martial law. Trains were cancelled and stopped, passengers waylaid, and journalists, activists, academics, and lawyers assaulted and detained, in a shocking
brazen misuse of power and weaponisation of the very law that is meant to safeguard and protect democracy. In the heart of Delhi, police
personnel without identification badges were seen in action.There should be some accountability for the abuse of power.
The editorial in The Hindu, October 12, is quite
revealing:
“What Delhi
witnessed on Saturday (October 10) was a repeat of the police high-handedness in
July against youth protesters…months later, neither the government nor the Supreme
Court has held anyone accountable for the law enforcement excesses. On
October 9, the Court had said that a blanket ban on travel or assembly could
not be allowed. But that is exactly what was done in Delhi, as people, including
former Chief Ministers, senior politicians and lawyers, were rounded up from
around the city. On Sunday (October 11), the Court in its hearing, acknowledged
the urgency and seriousness of the issue, and repeated it directives.
But piecemeal orders and half-hearted lamentations
by the Court have had no restraining impact on a government that seems to be doubling
down on its practice of branding critics as foreign agents and anti-nationals instead
of coming clean on its record. The BJP government is going this far in defence
of an official – the Chief Election Commissioner of India, Gyanesh Kumar. Instead
of calling for accountability from the Election Commission of India which has
disenfranchised millions of Indians in a clear act of illegality, the BJP and its
central and state governments are deploying the strong arm of the state to defend
him. That itself suggests that Mr. Kumar’s relationship with the BJP is different
from his relationship with all other parties. The Modi government should play
by the rules and not misuse power against citizens.”
We can now only hope the Supreme Court will rise to this
historical occasion and act without fear or favor in exercising its power of
judicial review, as an independent constitutional authority of the State, while hearing and deciding the fundamental issues raised in the plethora of Petitions filed by
the concerned citizens, including the one jointly filed by the Leaders of the Opposition in the Parliament and other Opposition leaders, who represent
nearly 65% of the electorate, about the functioning
of the Election Commission of India, under Gyanesh Kumar, and its failure to
ensure free and fair elections – a sine qua non for the success of
democracy. The Court alone can protect
and safeguard the democracy in India. It cannot ignore the massive, first-of-its-kind national
movement against the partisan role of the Election
Commission of India and the Chief Election Commissioner, nor sidestep its constitutional responsibility
to uphold the people’s faith in the judiciary and democracy.
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