'Power to detain is not power to silence': Tharoor on detention of Ankita Bhandari's parents

Congress leader Shashi Tharoor on Thursday strongly criticised the Modi government over the detention of the parents of Ankita Bhandari, the 19-year-old Uttarakhand receptionist murdered in 2022, questioning whether the government was using police action to silence citizens demanding justice and accountability.

The criticism came after Ankita's parents were detained during a protest near India Gate against the appointment of BJP leader Dushyant Kumar Gautam as the Governor of Sikkim. They were released early Thursday, hours after being taken into custody.

Tharoor, the Congress MP from Thiruvananthapuram, said peaceful protesters and grieving parents should not be treated as offenders merely because their demands caused discomfort to those in power.

"Has the government so completely abandoned its duty of accountability that it now relies on detention to silence those who demand it?" Tharoor asked.

He referred to recent police action against protesters at Jantar Mantar and the detention of Ankita's parents near India Gate, arguing that the incidents raised serious questions about the treatment of citizens exercising their constitutional rights.

"At Jantar Mantar, young citizens exercising their democratic right to peaceful protest, even while waving the Tricolour, find themselves in judicial custody. At India Gate, the grieving parents of Ankita Bhandari, seeking justice for their daughter, are detained at 4 in the morning, alongside Congress workers who stood in solidarity with them," he said.

𝗣𝗿𝗼𝘁𝗲𝘀𝘁𝗲𝗿𝘀 𝗮𝗿𝗲 𝗻𝗼𝘁 𝗼𝗳𝗳𝗲𝗻𝗱𝗲𝗿𝘀: 𝗧𝗵𝗮𝗿𝗼𝗼𝗿

The Congress leader questioned the justification for detaining people engaged in peaceful demonstrations, particularly parents seeking justice for their murdered daughter.

"A protester is not an offender and a grieving parent is not a threat," he said, adding that such a distinction should not need explaining to those entrusted with governing.

"What threat to public order do peaceful protesters pose? What purpose is served by subjecting bereaved parents, already enduring an unimaginable tragedy, to such indignity?" Tharoor asked.

He maintained that the constitutional right to protest could not be made dependent on the convenience or approval of the government.

"The Constitution does not guarantee citizens the right to protest only when their questions are convenient to those in power," he said.

Tharoor asserted that citizens must remain free to raise questions and demand accountability without fearing detention.

"That right is not conditional upon the government's approval. Nor can it be restricted merely because its exercise causes discomfort. The power to detain is not the power to silence," he said.

He added that the demand for justice did not end at the gates of a police station and that the threat of arrest could not extinguish citizens' determination to speak out.

𝗔𝗻𝗸𝗶𝘁𝗮'𝘀 𝗳𝗮𝘁𝗵𝗲𝗿 𝗶𝘀𝘀𝘂𝗲𝘀 𝟮𝟰-𝗵𝗼𝘂𝗿 𝘂𝗹𝘁𝗶𝗺𝗮𝘁𝘂𝗺

Ankita's parents were released around 5 am on Thursday, according to sources, after being detained during the protest near India Gate.

Before his release, Ankita's father issued a 24-hour ultimatum to the Centre, demanding the cancellation of Gautam's appointment as Sikkim Governor.

He warned that the family would launch a nationwide agitation if the government failed to accept its demand.

"We give a 24-hour ultimatum to the government for the cancellation of Gautam's appointment. Nationwide protests will be launched if the government does not accept our demand," he told PTI Videos.

The family has demanded that Gautam's appointment be put on hold until the ongoing Central Bureau of Investigation (CBI) inquiry into the case is completed.

Ankita's parents have alleged that Gautam was linked to circumstances surrounding their daughter's murder, allegations that he has categorically denied.

Gautam has also initiated defamation proceedings in connection with the accusations.

𝗦𝗲𝘃𝗲𝗿𝗮𝗹 𝗖𝗼𝗻𝗴𝗿𝗲𝘀𝘀 𝗹𝗲𝗮𝗱𝗲𝗿𝘀 𝗱𝗲𝘁𝗮𝗶𝗻𝗲𝗱

Apart from Ankita's parents, several senior Congress leaders who participated in the demonstration were also detained and subsequently released.

Those detained included Congress media and publicity department head Pawan Khera, party MP Imran Pratapgarhi, social media department head Supriya Shrinate and Indian Youth Congress president Uday Bhanu Chib.

The Congress leaders had joined the protest in solidarity with Ankita's family, which has continued to demand further investigation into allegations surrounding the murder.

The detentions drew criticism from Opposition leaders, who questioned the use of police powers against demonstrators seeking action from the government.

𝗠𝘂𝗿𝗱𝗲𝗿 𝗰𝗮𝘀𝗲 𝘁𝗵𝗮𝘁 𝘀𝗽𝗮𝗿𝗸𝗲𝗱 𝗻𝗮𝘁𝗶𝗼𝗻𝗮𝗹 𝗼𝘂𝘁𝗿𝗮𝗴𝗲

Ankita Bhandari, who worked as a receptionist at the Vanantra Resort near Rishikesh in Uttarakhand, was murdered on September 18, 2022.

Her body was recovered from the Chilla canal four days later, triggering widespread public outrage and demands for justice.

Resort owner Pulkit Arya, the son of former BJP leader Vinod Arya, and two accomplices were subsequently convicted in the murder case and sentenced to life imprisonment.

The case attracted considerable political attention amid allegations that an unidentified influential person, referred to as a VIP, was connected to the circumstances surrounding Ankita's death.

Her family and several activists have continued to demand an investigation into the alleged VIP angle.

Gautam's name has been raised in connection with those allegations, although he has denied any involvement.

The allegations against him have not been established by a court.

𝗖𝗼𝗻𝗴𝗿𝗲𝘀𝘀 𝗾𝘂𝗲𝘀𝘁𝗶𝗼𝗻𝘀 𝗚𝗼𝘃𝗲𝗿𝗻𝗼𝗿'𝘀 𝗮𝗽𝗽𝗼𝗶𝗻𝘁𝗺𝗲𝗻𝘁

The Congress has alleged that Gautam's appointment as Governor could obstruct further criminal proceedings against him, citing the constitutional immunity available to Governors during their tenure.

Under Article 361 of the Constitution, criminal proceedings cannot be instituted or continued against a Governor in any court during the term of office.

However, the provision does not establish immunity from investigation into the underlying facts of a criminal case or permanently extinguish criminal liability.

The Congress has demanded that Gautam's appointment be reconsidered until the CBI completes its inquiry.

Gautam has rejected the allegations against him and pursued legal action over what he maintains are defamatory accusations.

The controversy has brought renewed attention to the unresolved questions raised by Ankita's family, despite the conviction of three persons for her murder.

For Tharoor, the immediate issue is also the treatment of citizens who seek answers from the government.

He maintained that the right to peaceful dissent was fundamental to constitutional democracy and could not be curtailed simply because protesters challenged decisions taken by those in authority.