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Thursday, September 18, 2014

1 year old summoned .... breach of peace - disturb the election !!!

The Nations that confront the border  but share a common history have lots of similarities....  I had recently posted on what ‘summon’ in legal parlance is - a legal document issued by a court (a judicial summons) or by an administrative agency of government (an administrative summons) for various purposes.  A Summons is a process initiated  by a Court, calling upon a person to appear before a Magistrate. It is used for the purpose of notifying an individual of his legal obligation to appear before the Magistrate as a response to a violation of the law. It is addressed to a defendant in a legal proceeding. A person who is summoned is legally bound to appear before the court on the given date and time.  Wilful disobedience is liable to be punished under Section 174 of IPC. It is a ground for contempt of court.

I had  earlier posted on a situation whence in Apr 2014, a baby was charged with attempted murder, threatening Police and interfering with State affairs – he was not alone, in the company of father and grandfather as part of a mob protesting against gas cuts and price increases; the mob stoned police and gas company workers out to collect overdue bills.  It was in Lahore that the baby cried while his fingerprints were taken by a court official. Internet was ripe on news of the incident and photos of the baby calmly sitting on his grandfather’s lap, drinking bottle of milk after being given bail.  That post was also on a dog being wrongly summoned to be a   member of the jury.  I never thought that we would be reading of a similar thing in India too – as reported in Times of India.

According to the report, an one-year-old boy and his father  were  served notices in apprehension of breach of peace during the Thakurdwara bypoll in Uttar Pradesh on September 13. Police filed a report that the toddler and his father may indulge in booth capturing and intimidation of voters. An inquiry has been ordered. A sub-divisional magistrate issued the summons under Section 10716 CrPc 1973 -an offence that invites police action in anticipation of possible “breach of peace“ against a person. The father and son had to file a security bond, failing which they could be imprisoned.

The police report said toddler Nazim and his father, Yaseen, 28, residents of Usmanpur village, may attempt to capture booths or commit a crime during the bypoll. The report also mentions that the duo may intimidate voters to favour a particular candidate. Nazim has also been listed among the “gunda elements” of the district by police. Ahead of the byelections, SHO Thakurdwara and area in-charge sub-inspector of Usmanpur village were supposed to file a report, to the SDM, naming persons with criminal antecedents who might disturb the election process and threaten the voters. When police reached Nazim’s house on Saturday to serve the summons to the father-son duo, the family were left in a state of shock.

Fearing arrest, Yaseen took his son to the SDM to get a security bond of Rs 50,000. Yaseen said, “The court officer issued me a surety bond but denied the same to my son Nazim saying this was ridiculous.” He added that the SDM had assured him that he would take necessary action against the policemen who filed the report.

............. one gets clean bowled and short of words to describe such things !!!

With regards – S. Sampathkumar                                                             15th Sept. 2014.

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