INDIA
Ramdev's counsel and senior advocate Ram Jethmalani said Delhi Police revoked the permission for holding the dharna and satyagraha.
Bharat Swabhiman Trust headed by yoga guru Ramdev Monay accused in the Supreme Court the Delhi Police of playing a communal card at the behest of its superiors as one of the grounds for the midnight crack down on him and his followers at the Ramlila ground.
Ramdev's counsel and senior advocate Ram Jethmalani said Delhi Police revoked the permission for holding the dharna and satyagraha against black money on the intervening nights of June 4 and 5 at the venue saying the area was surrounded by the criminals and communal elements which amounts to "slur" on the minority community.
"They (Delhi Police) say the whole area is surrounded by criminals elements. It is a slur on the Muslim community," Jethmalani submitted before a bench comprising Justices BS Chauhan and Swatanter Kumar.
He questioned the midnight order passed by the Delhi Police under section 144 of the Code of Criminal procedure (CrPC)to declare the assembly of people at the Ramlila ground as unlawful saying it was "not the exercise of lawful power of the public servant".
He alleged that Delhi Police was acting at the behest of its superiors and concocted the story that the venue of yoga camp and protest was surrounded by criminals and communal elements and referred to the last two gatherings organized by Ramdev on January 30 and February 27 this year when prominent Muslim organizations participated.
"Police made out a case of communal sensitiveness. They expected some trouble from communal elements. It is unfair to the minority community. Police concocted the story," Jethmalani alleged.
Jethmalani said the police action on Ramdev and his followers was like the operations of Nazi era in Germany.
"Things like this happened in Nazi Germany. It is disgrace to Indian democracy. The entry of police into the ground amount to trespassing," he said and referred to the incident of lobbing tear gas shells and beating of people including women at the venue. .
He also brought to the court's notice the death of Ramdev's disciple Rajbala due to police beating. "The act of police beating amounts to culpable homicide about a woman who died," he added.
"Was there any order passed declaring it (assembly of people) to be unlawful assembly?" the bench asked.
"The SDM (Sub-Judicial Magistrate) is required to pass an order," it said.
Jethmalani, who contended that police was not authorised to pass an order for revoking the permission granted to Ramdev for holding the camp, said the crackdown on the yoga guru and his disciple was the fall out of the political reasons as people in the government wanted him to bent to their terms.
"There is a political reason. The decision was taken by the government that if he does not come to us we will destroy him and his followers," he said.
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