A Terrorist Bird

A Terrorist Bird

Unfortunately he can''t ask for amicus defence counsel also unless State has pigeon-trained lawyers in its legal armoury

Through out the world you must not have heard that birds are also now performing the activities of terrorists, but their is an exception to this also and that is if any pigeon comes from across the border and flies in the zone of confrontation he certainly has to face the wrath of law and will not be spared even though cries at the top of voice I am a bird not a human being.

The story goes like this. PTI has circulated a news item that a white  pigeon was caught with a letter addressed to PM which seems to have come from across.  The pigeon was immediately arrested being a serious security threat at Pathankot police station called as Narot Jaimal Singh police Station. Pigeon was found by BSF and handed over to the police that detained the said terrorist pigeon. It may look to be ridiculous apparently but some times facts are really shocking and speaks very loudly to what position two nations have reached on account of their hostility with each other and despite being both nuclear powers are becoming mockery in the eyes of civilized countries just because they failed to resolve there disputes amicably.

Let us examine the fate of this poor terrorist pigeon, now what is in store for him. Even if some one has tied this security threat letter to his leg without his permission yet he has to face the consequences. Formal investigation must have started but one does not know whether it is local police, CBI or NIA which will take the charge of this case, but in any case all of them will face some serious legal questions which I will like to make mention of here.

A). There are two types of arrests, one, for committing a crime for which one has to face the trial in competent court and another is called as Preventive detention under PSA.This preventive law was gifted to people in 1978 by then elected government as first instalment of Izzat Abroo which people earned after 25 year of Plebiscite struggle and since then continues to shower benefits of incarceration, torture and humiliation, deprivation of all sorts and ruthlessness of rulers at the helm of affairs.

B) In any case poor terrorist pigeon can't be send for trial in any TADA court hence has to be contended with PSA. This law will create difficulty for the DC who has to serve the grounds of detention in the language detainee understands, unless we have any DC who belongs to the pigeon family who will do this job.?

C) Detainee has right to make representation against detention; what will the poor pigeon do, who will write on his behalf and whom shall he explain what he has to say in his defence? Unfortunately he can't ask for amicus defence counsel also unless State has pigeon-trained lawyers in its legal armoury. Poor fellow is doomed.

D) Every order of detention has to mention the period that will tell him for how long he will face the consequences of flying in confrontation zone in which, leave alone land even sky is not free from PSA, AFSA and all other draconian laws.

Above all these legal difficulties concerned DC has to face the real problem is that after all bird is a bird who thinks whole sky belongs to him and he has a right to fly unfettered. It may not be out of place to mention here that Justice Manmohan  of Delhi high court has recently held that birds have the fundamental right to fly and can't be caged. Gujrat High Court has held the same view and matter is under active consideration of Supreme Court where Salman Khurshid is representing the Birds lover NGO. Looking to this sanctity can SHO of above mentioned police station say under what law the pigeon is arrested ,if he can't then is it not correct we are breathing in a lawless State. Secondly as and when the pigeon is free unless done away with in custodial killing or fake encounter,he will continue to fly the non flying zone ,how to prevent it to prevent repeated security threat.

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