We must not let the focus of the debate get distracted. Let’s focus on the police excesses.

When the online rant mob turn free speech advocates, there’s reason to be worried. It’s a case of wrong people are taking up the right cause. Howsoever morally correct they may sound, they would eventually lead it up the wrong path and leave the cause discredited. One hopes the outrage on the social networking sites over the arrest of two Palghar girls over an 'offensive’ post on the unofficial bandh after Shiv Sena chief Bal Thackeray’s death excludes this lot.

By all indications, the debate over the issue is heading in the wrong direction, thanks to more online hard line crowd. By focusing on the fringe matters excessively, it has managed to distract attention from the core problem: the police.

All the criticism of the police is entirely justified in the case of the two girls. They were overreacting - there was neither a threat nor any disrespect of Bal Thackeray implied in the message. It was an innocent act which could have been handled with a cautionary warning from the law enforcers. And there was absolutely no need to summon them to the police station at 10pm in the night. Why are we obsessed with the vague discussion on free speech instead of discussing the lapses of the policemen with the seriousness they deserve?

Just have a look at the course of debate so far. The girls were arrested under Section 295 (A) of the Indian Penal Code (IPC) for 'deliberate and malicious acts, intended to outrage religious feelings or any class by insulting its religion or religious beliefs’ and were also charged under Section 505 (2) of the IPC - 'statements creating or promoting enmity, hatred or ill-will between classes’ - and Section 66 (A) of the amended Information Technology Act, which makes sending 'offensive’ messages a non-bailable offence. Violators under this Act could include those causing `annoyance and inconvenience’ to anyone through the messages.

Thanks to the online community, many among them are well-meaning people, one must admit, the entire debate has shifted to the last charge under the IT Act. It appears now, had there been no such Act, there would have been no harassment of the girls. How far is that from the truth? If the police have mala fide intentions, would they be hindered by the absence of an Act? Obviously not. And what about the other two charges - Section 295 and Section 505(2)? These are handy enough to trouble anybody.

The focus on one area has shifted the attention from the larger issue: the powers with the police to harass the common citizen. The police decide whether what you wear at a party is decent. They decide whether you are a public nuisance, they decide whether your conduct is orderly and, as is evident in this case, they decide whether any specific act amounts to violating religious sentiments or promotes ill-will between classes. They have the unique advantage of being the first judge in cases they handle. If they decide to act with malice, the individual has little protection from harassment. Courts come into the picture after the initial damage has been done.

There are several questions the police need to answer in the case of the Palghar girls. Why were they summoned to the police station so late in the night despite the law specifically prohibiting it? What was the big hurry to lodge FIRs against the girls? Were the police acting at the behest of the local Shiv Sena supporters? Were they scared of the consequences if they did not act immediately? Has the state doing enough to sensitise the men in uniform? These are questions that need to be answered and acted upon if we want to stop recurrence of such incidents.

The entire focus, unfortunately, has shifted to the repeal of Section 66(A) of the IT Act? While there’s no denying the potential for misuse of the Act, it is silly to presume that discarding it would make the conduct of the police personnel on ground any better. Indiscretions by the policemen have become far too frequent and that’s what needs to be addressed with urgency.

It’s time the good netizens disentangled themselves from the mob and gave the right direction to the debate over the arrest of the innocent girls.