28th August 2011
Anna Hazare should be imprisoned for up to 7 years for his crimes, based on my preliminary analysis
By now I'm 99 per cent certain that Anna Hazare is a VIOLENT CRIMINAL who should be (or should have been) in jail.
I don't say this lightly – not at all. So far my issues have been merely his methods and attitude. Not the person himself. I trusted that he was a nice man.
But he is NOT.
I expect the RULE OF LAW to be applied to everyone equally in India. As I will show below, Hazare is potentially guilty under at least four sections of the IPC for by now WELL-DOCUMENTED crimes he has committed in his village [the only issue relates to time limitations which might mean he manages to escape].
Once again, let me add that at first I was very surprised to read yesterday in a reputed newspaper, The Telegraph that this "Gandhian" had beaten Dalits for eating meat. That's BEYOND REVOLTING. IT IS TOTALLY INHUMAN – to beat people for eating something!! Where's the harm caused (even ignoring that beating anyone is a CRIME)? This was very revolting information. But I was not sure about its authenticity.
Today I found further evidence accidentally – that he used to beat "drunkards". And then, a very reliable reader on FB confirmed that he has seen Hazare admit on TV that he has beaten people.
That prompted me to do some more research.
A quick search of the internet provided a flood of information confirming this fact – that he indeed Anna Hazare a VERY VIOLENT MAN and has beaten people with his army belt (see the "addendum section" here).
It appears that you can beat AT LEAST 10 TO 15 people with an army belt and become a Gandhian today! What a betrayal of Gandhi.
What's persuaded me to spend my valuable time on this matter was an INVESTIGATIVE report from The Telegraph (UK) dated 25 August 2011 also, which has RECENTLY checked the facts and confirms all these things. In particular, it says:
"Drunkards" who broke the ban on alcohol were brought to the village square, tied to a telegraph pole covered with barbed wire and personally whipped by Mr Hazare with his canvas army belt.
To me this is VERY GRAVE matter. There is no ambiguity left now (I'm happy to be corrected if I've missed something). Anna Hazare is a VIOLENT criminal and must face the full force of the law.
[Please read the proviso, below, though. Basically, I don't readily have the precise dates of his beatings and due to delays in lodging the report to the police, he might escape from the hands of the law]
CRIME 1: He has committed WRONGFUL RESTRAINT (Section 339 of IPC)
Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has right to proceed, is said wrongfully to restrain that person.
This is punishable by (up to) 1 month simple imprisionment and fine, or both
CRIME 2: He has committed WRONGFUL CONFINEMENT (Section 340 of IPC)
Whoever wrongfully restrains any person in such a manner as to prevent that person from proceedings beyond certain circumscribing limits, is said "wrongfully to confine" that person.
This is punishable by (up to) 1 year imprisonment, or fine, or both.
CRIME 3: He has caused HURT (Section 339 of IPC)
Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.
This is punishable by (up to) 1 year imprisonment, or fine, or both. If anyone who was beaten suffered serious injury (defined in the IPC) Hazare could have caused grievous hurt (punishable by imprisonment of up to 7 years).
CRIME 4: He has used CRIMINAL FORCE (assault and battery) (Section 350 of IPC)
Whoever intentionally uses force to any person, without that person's consent, in order to the committing of any offence, or intending by the use of such force to cause, or knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other.
This is punishable by (up to) 3 months imprisonment.
Under s.154 of the CrPC, the local police in Anna's area is now required to take cognisance of this incident should anyone print this blog post and provide a copy to them. S.154 says clearly that "personal knowledge of the informant is not necessary". It is also not necessary to mention the names of eye-witnesses. Most of these are cognisable offences.
An investigation must then be launched by the police IMMEDIATELY. This is no trifling matter – to have a "Gandhian" (fasting in front of Gandhi's picture) who has been beating people with AN ARMY BELT.
I wonder how on earth did the Government of India give him national awards!!!!
I'm willing to admit that all what I've read and come across so far could be a "conspiracy" of his enemies, and that ALL of this information is therefore false.
But I've checked from MULTIPLE sources, and there doesn't seem to be ANY scope left to doubt this analysis. Even then, I'm happy to receive feedback re: any gaps in this information/ analysis.
Indeed, please tell me if any of this is wrong – right away! – else it is MANDATORY for the police to investigate and charge him for serious crimes.
Note, let's not link this with the LP bill stuff. What he did, he should get credit for. But now it is time he should go behind the bars for his violent actions in the past.
But let us remember that corruption (s.7 Prevention of Corruption Act) is punishable with 5 years imprisonment, beating people and causing grievous harm is punishable with 7 years imprisonment. We need to keep things in perspective. Beating people is WORSE, in many ways, than corruption
Just realised – a couple of hours after publishing the above – that time limitations might apply in this case. Further analysis has indeed shown that Section 468 of CrPC possibly provides an escape route for Anna Hazare.
(1) Except as otherwise provided elsewhere in this Code, no court, shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation.
(2) The period of limitation shall be-
(a) Six months, if the offence is punishable with fine only;
(b) One year, if the offence is punishable with imprisonment for a term not exceeding one year;
(c) Three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years
Unless Anna Hazare has been beating up people in the past year, it is unlikely that most of the above offences will be recognised today. However, there is a possible crime of grievous hurt which won't be barred because of time.
I do understand it is going to be virtually impossible to charge Anna Hazare at this time. However, let it be known that I consider him to be a likely violent criminal, and seriously question the methods he has used in his village.
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