LETTER TO THE CM FOR WITHDRAWAL OF THE FIR

LETTER TO THE CM FOR WITHDRAWAL OF THE FIR

24-JUNE-ENG 5

RAJIV NAYAN AGRAWAL

ARA-------------------------Pramod Kumar Rai, advocate, Ara Civil Court wrote a letter to the Bihar CM regarding the impartial review and withdrawal of the FIR lodged against Advocate and social activist Shri Anjani Tiwari and other innocent villagers who were seeking justice, and ensuring the protection of democratic and constitutional rights.

He submitted for your consideration a matter of grave public importance. This issue concerns not only the rights of specific individuals but is also directly linked to democratic values, constitutional freedoms, and the sanctity of the rule of law.

It is pertinent to note that regarding the 'Bilauti incident' in Bhojpur district, Advocate and social activist Shri Anjani Tiwari—along with numerous villagers, social activists, and concerned citizens—had been raising their voices in a peaceful and democratic manner. Their objective was solely to demand justice and draw the administration's attention to public sentiment.

However, it is a matter of deep regret and concern that an FIR has been lodged against Advocate Shri Anjani Tiwari and other innocent villagers who were seeking justice. This sends a message that if a citizen, advocate, or social activist peacefully voices an opinion on a sensitive issue or stands in support of an aggrieved family, they may face criminal prosecution. Such a situation runs contrary to the fundamental spirit of the democratic system and adversely affects civil liberties.

The soul of democracy lies in the citizens' freedom of expression, the right to peaceful protest, and the right to demand justice. Under Article 14 of the Indian Constitution, all citizens are entitled to the right to equality. Article 19(1)(a) guarantees freedom of expression; Article 19(1)(b) grants the right to assemble peacefully and without arms; and Article 19(1)(c) provides the constitutional basis for the protection of civil liberties. Similarly, Article 21 ensures every citizen's right to a dignified life and personal liberty. When a citizen demands justice within the framework of the law and through non-violent, peaceful means, any repressive action taken against them is viewed as a violation of democratic rights. If such tendencies are encouraged, it creates an atmosphere of fear among ordinary citizens, potentially deterring them from raising their voices on issues of public interest and justice—a development that bodes ill for any democratic society.

The spirit of the Universal Declaration of Human Rights (UDHR) and the Protection of Human Rights Act, 1993, also guarantees citizens the freedom to express their views, hold peaceful assemblies, and pursue legal avenues to seek justice. In a democratic society, the State's obligation is to listen to the voices of its citizens and protect their rights, rather than discouraging them through intimidation or punitive measures.

The legal fraternity is considered a vital pillar of the judiciary and democracy. Advocates do not merely represent their clients; they also work towards upholding justice, constitutional values, and the rule of law in society. Consequently, when an advocate raises a peaceful voice in support of justice and human rights, it is an exercise of their social and constitutional obligations. Initiating criminal proceedings against such individuals risks undermining public trust in democratic institutions.

Sir, Bihar has always been a hub of a rich tradition of democratic consciousness, social justice, and public participation. Your government, too, has consistently reiterated its commitment to good governance, justice, and the rule of law. In this context, it is only natural to expect that those seeking justice will be treated with fairness and sensitivity.

Therefore, I humbly request that—A high-level and impartial review be conducted regarding the FIR registered against advocate and social activist Shri Anjani Tiwari and other villagers.

If the investigation reveals that the involvement of the concerned individuals was limited to a peaceful and democratic movement, immediate steps be taken to withdraw the FIR registered against them.

Justice be ensured for the aggrieved family through an impartial, independent, and transparent investigation into the Bharat Tiwari case. It must be ensured that, in the future, no citizen, advocate, or social activist is subjected to unnecessary harassment for exercising their constitutional and democratic rights.

Necessary administrative directives should be issued to safeguard democratic rights, human rights, and the rule of law.

Sir, seeking justice is not a crime but a democratic right. The hallmark of any civilized democracy is its willingness to listen to and respect voices of dissent, and to offer just resolutions. Therefore, it is expected that you will adopt a sensitive and fair approach in this matter, intervening as necessary to provide relief to innocent individuals and uphold democratic values.