26 April,2009 11:32 AM IST | | PTI
In a landmark order, the Maharashtra State Human Rights Commission has directed the state police to respect an individual's constitutional right to vote and stop misusing the provision of preventive detention.
The SHRC has directed the police to sparingly use the law and release individuals who have been arrested under Section 151 of the CrPC for preventive detention if a case cannot be made out against them.
With elections around the corner the first preventive measure taken by the police force is to carry out a 'preventive detention drive' against the 'problem creators'.
Citing the right conferred over each citizen under Article 326 of the Indian Constitution, the SHRC has ordered the police to not misuse the provision under Section 151 of CrPC and deprive them of their right to vote.
The order passed by the Commission's member VG Munshi states that it is necessary to ensure no innocent was victimized in the hands of law and his larger right to vote is taken away.
The order was passed after a city-based NGO appealed before the Commission that under the pretext of preventive detention several persons are confined and their fundamental right to vote is taken away.
Many times, the persons are detained for more than a week, which is against the law, the petition states. The SHRC has directed for the order copy to be sent to each police station immediately and for the police to comply with the order.
The Election Commission this year identified 71 critical polling stations in Mumbai and over 1300 across the state. According to the petition, over 2,388 persons were detained in a non-election year of 2008 in Mumbai.
All these detentions were carried out during the period of festivals. The petition further states that this year at least 7,000 people have been detained so far across the state.
