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Rohit Dhankar

This morning I received AAP’s mail, the general mail which they send to everyone in their mailing list, stating in brief their position on Barati issue and Kejriwal’s dharna. The email also had a video link. I started with that link and spent about 3 hours trying to look at several other videos, including other media reports and interviews with various AAP leaders.

I know what I say in this blog next is going to prove me jaldbaaz, impatient, biased etc. But in the interest of fairness I must admit that there are many things I did not know, may have been biased. I took a principled position, but on incomplete information. I still hold the principles: constitutionally elected people have to function within its limits. We can hope any positive changes only from those who understand the constitutional obligations and don’t play the same power games.

But in the light of the new information I gained in my careful watching of the videos shows that the absolute position I was taking about Kejriwal and Bharati was mistaken.

1. It seems that the residents of the colony Khidki had been complaining to the police for long and several FIRs are already in the police records on this issue. The police took no action to investigate into the case.

2. Bharati did aske for the raid, yes, but it seems in the case of drugs police has the power to conduct a raid on the basis of FIR and judicial warrant is not necessarily required. (I am assuming this to be true, am not sure.) Alternately the police can cordon and seal a building without entering it and can acquire the needed warrant before the raid. This is within the powers of the police on the basis of reliable information.

3. There was reasonably reliable information on the basis of the testimony of the residents, sting operation of a TV channel and actual scenes on the roads that drug abuse and flash trade (?) might be going on in the said building(s).

If 1 to 3 above is correct information my accusation of not following due procedures and becoming law unto himself on Bharati were mistaken.

Kejriwal seems to be saying that dharna became a necessity because the central government was not prepared to follow due procedure. There were complaints against the SHOs and the government took no action. The government was not prepared to conduct a time bound enquiry against them in spite of there being a prima face justification in terms of either collusion or inaction. An enquiry without removing (for the time of enquiry) the officer in question from his position is unlikely be fare. I find this reasonable. If Kejriwal had to go on dharana to challenge this inaction on the part of the government, my charge on him of breaking constitutional norms was wrong.

I am writing this correction to my last blog in the interest of fairness. I know readers of this blog are only my friends, so it is to explain to them, nothing more. I must have collected more information before forcefully condemning AAP on these two issues.

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