Previous Articles:
Outrage
Expressed at bazee.com CEO arrest :
What is Due Diligence?..1..Effect of Section 79 of ITA-2000
What is Due
Diligence?..2 (Effect of Section 85 of ITA-2000)
In our previous articles, I have expressed my opinion on the protection
available under Section 79 and Section 85 of ITA-2000. It is my opinion
that both are applicable to the case of bazee.com. It is now time to discuss
some of the other Law Enforcement Issues connected with the case.
Lot of reactions are coming up from the industry side opposing the arrest of Mr
Avnish Bajaj the bazee.com CEO in the DPS case. The FICCI chief has come out in
the defense of the arrested CEO and some are contemplating filing a PIL. There
is a demand for change in the IT Act itself. Media is obviously sympathetic to
the cause as well. It is heartening to note the concern being expressed for the
seemingly avoidable arrest of an executive.
I am fully sympathetic to the concerns expressed by various individuals opposing
the arrest. I am one of those who believe that "Arrest" has to be resorted to
only if required. If the bazee.com CEO has cooperated with the investigation and
provided all the evidence that is required by the investigating officer, seeking
his remand as a matter of routine was probably unnecessary.
However, it must be remembered that just as Judges often bind themselves by
overemphasizing precedence and refuse to look at a case independently, law
enforcement can also not act independent of recent happenings and the standards
of investigation set by the force in earlier cases.
Many times, intellectuals let precedence settle in because of
their selective approach when it comes to opposing the wrongs of the society.
Unless intellectuals are capable of sticking to their principles even when some
peripheral advantages are seen in remaining silent, it would be difficult to
prevent undesirable precedence setting in.
For example, Tamil Nadu Police have set a very tough precedence in criminal
investigation and resorting to the arrest of an accused which cannot but be
cited as a recent benchmark.
If Delhi Police had not arrested Mr Avnish Bajaj when there is no doubt that an
offence carrying an imprisonment of 5 years, while TN Police had arrested the
Kanchi Seer based on the forced confession (Since retracted) of a contract
killer, would it not have amounted to a special treatment?
If the Delhi Police had not initiated action on the auction site even though the
DPS boy and Girl who together created the objectionable material were not
secured, it would have looked bad against the TN Police action of having
arrested the Mutt head on conspiracy charge as the main accused even when the
suspected contract killer gang leader was not secured.
When TN police have shown that public prosecutor can call the accused an
"Undeserving Criminal" and get it head lined in the media so that the trial by
media can start immediately for the benefit of the society, is it not
possible for the Delhi Police to make the public prosecutor say that Mr Bajaj is
the main accused having conspired to create the video so that his auction site
can become popular and the juvenile boy was only an accomplice and get the media
headline the fact?
When TN Police has shown the resolve to arrest of a religious icon just before a
major festival such as Diwali
Naavi
December 19,2004
Also See
Bloggers Beware..Set of 10 articles
Advertising Code?..or Section 67 of ITA 2000?
Related Articles:
At
Sify.com
Sify.com :
Express India :
TOI :
HT
TOI-2
At Naavi.org:
Bazee Bite Wakes Up Sify
Are Mobile
Phone Service Providers Liable?
Buyers
of DPS Video also being Arrested
Bazee.Com
CEO Arrested
Wise Techies realize that Law Can Bite
US Video
Voyeurism Bill Goes for President's Signature
Delhi Police Register Case..Bazee Needs to Explain
