Anyone who shares posts deemed ‘anti-national’ by the police could be debarred from obtaining passports and arms licenses in Uttarakhand. A similar Act is being implemented in Bihar where protestors and those holding a blockade can be prevented from attaining bank loans, government jobs, and many other services that require police verification.
Following the announcements by the police chiefs of each state, a massive controversy erupted, questioning the orders issued.
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However, DGPs of both states stated that there was “nothing new” in the orders as their basic form existed before too. Uttarakhand DGP Ashok Kumar said at the end of the Police Officers’ Conference held in Dehradun on Tuesday that the cops are formulating a report of every social media activity which is “anti-national” or even “anti-social” according to them for referring it when someone requires police verification for getting a passport or arms license.
The 2-day conference ended with a senior Uttarakhand Police officer saying, as the Times of India reported, “The decision will have an impact only on those who post anti-national content which compromises the sovereignty and security of the country, and can be a threat to law and order.”
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Prior to this announcement, Bihar had made stated another order where the police have planned to monitor all protests as it won’t be issuing approvals during police verifications for such people. DGP SK Singhal of Bihar passed an order on Monday enlisting 9 such services that require verification, including- work contracts for government projects, character certificates, government jobs, arms licenses, passports, licenses for petrol pump and gas agencies, work contract for government-aided organizations, bank loans, and other jobs.
Released as an annexure to the additional chief secretary Amir Subhani, the order said that any “unlawful” protest could bar the attendants from getting their hands on the said work, “If any person, after being part of a law and order situation, protests, road blockades, etc, is found to be involved in any criminal activity and is charge-sheeted in the case then related information must be entered into a character verification report. Such persons would have to be ready for serious consequences because they won’t be able to get a government job or contract.”
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In view of the growing criticism over the order, police clarified on Thursday that it wasn’t issuing a new rule but rather taking it more strictly more now. “In the verification process, police already ascertains whether the applicant has indulged or is likely to indulge in activities which are prejudicial to the sovereignty and integrity of India, the security of India, or the interests of the general public. Along with checking the criminal record, we have now included social media behavior as part of the verification process,” Uttarakhand DGP said.
Bihar’s Jitendra Kumar, the ADG (headquarters) stated that the newly issued rules are already a part of the existing orders and there is no “impinging on anyone’s rights to protest.” He said that in case any police station has data present against someone, the same will be written in the verification panel for the person.
Kumar added saying, “Till now, in case a person was putting anti-national posts or fake news on social media, the police used to counsel him and ask him not to repeat it in future. A case was registered only if it was a very serious case.”
If a person is constant in posting “anti-national” posts on social media platforms, his police verification report will mention the same and the cop might not take his application forward, he concluded in the conference.
An officer close to the development said that the order was passed following the “increase in people putting anti-national posts on social media in the state”.
“The social media monitoring team has been keeping a strict eye to track down such people. It was found that the number of such posts on social media platforms has increased, which is a clear threat to law and order,” the officer said.
However, it is being regarded as a violation of the freedom of expression granted to all people.
Legal experts have said that police cannot take any decision on this as they do not have the right to regard posts as “anti-national” because only courts hold the authority to do so.
Kartikeya Gupta, Senior lawyer at Uttarakhand High Court questioned, “Police cannot pass such a gag order. If police itself will decide that then what will the courts do?”
