Is Jitendra Tomar's arrest justifiable?

Is Jitendra Tomar's arrest justifiable?

Introduction

Jitendra Singh Tomar, Delhi Law minister, submitted his resignation to Delhi CM, hours after a Delhi court remanded him to a four day custody after the controversy about his educational qualifications.

Tomar is accused of faking a law degree and other educational qualifications. Apart from his B. Sc. Degree, the LLB degree that Tomar claimed to have achieved from Tilakmanjhi University is reportedly a fake one.

In 2013, the Supreme court, made it compulsory for the police to register an FIR upon the revelation of commission of a cognizable conduct.

But, was the arrest by Delhi police taken in too short a time? Let's take a look at whether Tomar's arrest is justifiable or not?

Tomar's arrest is not justifiable.

1. Two angles of law – In India, law can be seen from two different perspectives. Recently, when actor Salman Khan was convicted over hit and run case, he wasn't arrested for a single second as he got time to appeal in the High Court. But in case of Tomar, he was arrested immediately on the issue of acquiring a fake educational qualification. Tomar's case is a slight offense in comparison to Mr. Khan.

2. Pending Case – Though Tomar is accused of faking his certificates, he is not yet convicted. He has not been found guilty by the court as the case is still pending.

3. Example of Ms. Irani – In 2004, Smriti Irani filed an affidavit, wherein, she claimed that she completed her Bachelors degree in Arts in 1996 from Delhi University's School of correspondence. Later on, in 2014, she filed another affidavit stating that she just finished her first year of the degree course. The government is not yet sure of her educational qualification. In spite of all these controversies, Ms Irani continues to be the educational symbol of Modi led government.

4. Evidences submitted by lawyer - Tomar's lawyers submitted evidences which stated that he had a proper educational background. The evidences suggested that he was a bona fide student for three years in Bishwanath Singh Institute of Legal Study College. He was a student of LLB part I,II and III in the sessions of 1994-95, 1995-96 and 1997-98, respectively.

5. No warnings – Tomar was arrested immediately without issuing any notice or prior warnings. Though the case is not proved, he was treated as a mafia by the Delhi police.

Tomar's arrest is justifiable.

1. Career fraud – If the evidences are supposed to be true, then Tomar's arrest by the Delhi police is absolutely justifiable. Such people are career frauds and by not imposing an arrest on them, the government would be promoting such people and ill concepts.

2. Evidences by police – As per the evidence collected by the police, Tomar created fake certificates and has a history of cheating. He was charged of faking his credentials and academic qualifications. According to the police, the Controller of Examination of Awadh University stated that no B. Sc. certificates have been issued to Tomar. The roll number mentioned in the provisional certificate was alloted to another student. The signature of the Controller of Examination is found out to be forged. All these evidences on part of the police were enough to put Tomar behind the bars.

3. Role of Minister – Tomar continued to be as the Law minister amidst the controversies that were taking place. If a minister gets involved in a case, it his responsibility to step out from his position first and then resolve the matter. But in case of Tomar, his explanations of fake certificates were accepted by Delhi CM, Arvind Kejiriwal, and he continued to serve the post.

4. Can't question the judgement of the court - The permission to arrest Tomar was granted by the court. It must have been a task for the Investigating Officer to convince the judge for police custody. If the judge has given his consent, there definitely must be some reason.

Conclusion

Arrest is necessary in cases where a person tries to escape or is likely to commit the same offense or is likely to tamper with the evidence.

Law should be equal for all and it should be above all. But in past few months, we have witnessed that people have the power and authority to influence law.

If the court has allowed it, the arrest of Tomar must have a base but what is necessary is the same pace and level of ethics to be followed while dealing with all the celebrity cases.