New Delhi: A collective of former civil servants has issued an open statement expressing solidarity with retired officer Ashish Joshi, who was questioned by the Delhi Police Special Cell on 2 September for around 10 hours over his social media posts.
The statement, issued by 108 civil servants who are part of the Constitutional Conduct Group, says that they are “deeply shocked and dismayed by the blatant display of unconstitutional power by the Delhi Police in the matter of the custodial interrogation” of Joshi. Copies of the statement have been sent to the Union Home Minister, Union Home Secretary, Lieutenant Governor of NCT of Delhi and Commissioner of Police, Delhi.
A 1992-batch officer of the Indian Post and Telecommunication Accounts and Finance Service (IP&TAFS), Joshi was picked up during his morning walk, and later released in the evening around 7.30 pm.
Some of the former civil servant’s social media posts have been critical of the current dispensation. He had recently posted on the CJP protests as well. “Civil Services Grapevine. There was a massive showdown between HM and HS related to action against students at Jantar Mantar. HS was against severe police action against students. Also there was resistance by junior officers in the field. HS did not want extension. But was given an extension despite objection of HM. Citizens may read between the lines,” one of his posts, later deleted, read.
Joshi was suspended in 2019 for allegedly violating civil service conduct rules after he had posted on X, seeking legal action against then rebel AAP MLA Kapil Mishra over a controversial video uploaded by the latter.
The statement now raises several fundamental Constitutional concerns around his detention. It points out that neither was Joshi provided a copy of the FIR against him, nor was his wife informed of his whereabouts. Joshi was given a copy of the FIR only on 7 September, after he approached the Chief Judicial Magistrate, New Delhi district, demanding directions to police to furnish a copy to him.
The statement adds that the use of Special Cell, an agency primarily associated with serious organised crime and national security matters, to pick up a retired senior civil servant for questioning over an alleged social media post, without supplying the FIR or informing his family, “appears disproportionate and is capable of creating a chilling effect on free speech and democratic discourse”.
The right to life and personal liberty under Article 21 of the Constitution, the former civil servants note, includes the right to be informed of the grounds of detention and the right to a copy of the FIR at the earliest stage. They also say that the failure to inform the family of the detention violates basic norms of fairness, transparency and human dignity that flow from Article 21.
“Many in our group who have worked as Executive Magistrates and police officers are appalled at this gross violation by the Delhi Police of the Constitution of India and the laws enacted therein, including gross neglect and contempt of numerous rulings of the highest judicial authorities of this country. We reiterate that no citizen, least of all a former public servant who has served the nation with dedication and honesty for over three decades, should be subjected to arbitrary detention or interrogation without due process,” the statement reads.
It, therefore, calls upon Delhi Police to ensure that in all future cases, the family of a person being detained or interrogated is promptly informed of his or her whereabouts. It further says that any investigation should be conducted strictly in accordance with the Constitution, the Bharatiya Nagarik Suraksha Sanhita 2023, and the binding directions of the Supreme Court.
“CCG stands in full support of Shri Ashish Joshi’s efforts to secure his Constitutional rights and urges all concerned authorities to act in a manner consistent with the rule of law and the values of the Constitution,” the statement adds, clarifying that the group has no political affiliation and is committed to the principles enshrined in the Constitution of India.
(Edited by Mannat Chugh)
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