advertisement
On Thursday, 27 May, Delhi Police gave a statement to news agency ANI in response to Twitter’s press release on the police raid at its Delhi office.
Earlier on Thursday, Twitter had issued a statement saying, “We, alongside many in civil society in India and around the world, have concerns with regards to the use of intimidation tactics by the police in response to enforcement of our global Terms of Service as well as with core elements of the new IT Rules.”
The company’s statement came amid its clash with the government over the Congress ‘toolkit’ row and the tagging of BJP leaders’ posts as ‘manipulated media’. A team of the Delhi Police Special Cell had paid a visit to Twitter India’s offices earlier this week, after serving a notice to the company.
Talking to ANI, senior officials of the investigating agency described Twitter’s statement as “designed to impede a lawful inquiry” and “devised to seek dubious sympathy.”
As further quoted by ANI, Delhi Police accused the social media website as “purporting to be both the investigating agency and the adjudicating authority”.
Delhi Police then went on to accuse Twitter of peddling “contrived fear-mongering” and “evading investigation”. However, the agency did not stop there. They further went on to divulge information from the investigation to pass value judgements on Twitter.
The Supreme Court as well as various high courts have time and again reiterated that police should refrain from making statements about the accused to the media while the investigation is still pending.
Recently, the Delhi High Court had pulled up the Delhi Police using the same tactic of passing value judgements on the accused in the Delhi riots accused Devangana Kalita’s case.
The court had further debunked the police’s argument of “defaming the agency”. The court said that the police cannot equate itself on the same footing as the accused, as the latter has all the rights to make statements proving his or her innocence.
Even the Supreme Court, in the Romila Thapar case, reiterated this position of law. The apex court strictly proscribed police making selective statements to the press to influence public opinion, especially when the investigation is still on.
Ironically, Delhi Police’s scathing statements against Twitter, an organisation they are conducting an investigation on, violates the directions issued by their own parent ministry – the Union Ministry of Home Affairs.
The said memorandum also prescribes as to at what stages can the police make statements to the media. It says that media briefing should only be done at the following stages:
It is evident that in the present case, Delhi Police’s statements against Twitter were not only an effort to influence public opinion but were also untimely – not fitting into any of the stages stipulated in the MHA’s memorandum.
Delhi Police’s statements, which were selectively made to ANI, not only go against established directions of the court and the government itself but also attack the core principle of fair and free investigation. Instead of practising unbiased and principled policing, this “press briefing” slips into the domain of “vendetta policing”.
Delhi Police comes under the mandate of the central government only for the purpose of administration and regulation. The function of investigation and collecting evidence itself cannot be performed under the directions of the central government, especially when the government is one of the interested parties in the case.
While the law expected Delhi Police to commit to free and fair investigation, the agency chose to act as an unofficial spokesperson of the government. There is hardly a difference between the statements put out by the police and the Ministry of Electronics and IT. In fact, the former seems like a preemptive strike before an official attack.
When the narratives of the government and the investigation start to sound similar, especially when the government is one of the involved parties in a case, justice takes a backseat. The whole process of investigation and policing becomes a tool of social control by stifling dissent, instead of means for securing justice.
(At The Quint, we question everything. Play an active role in shaping our journalism by becoming a member today.)
Published: undefined