Is Jitendra Tomar's arrest justifiable?

Is Jitendra Tomar's arrest justifiable?


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.


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.
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  • RE: Is Jitendra Tomar's arrest justifiable? -monica (07/11/15)
  • as we know that jitendra tomar is delhi's law minister and having a fake degree with India's law minister is a very shame full thing a country can have but on another hand BJP edu. minister smiriti irani also have a fake degree .... so why is it so that jitendre tomar arrest is justified and not smiriti irini ? if our minister are only corrupt then how can our country develope and phrospher. there fore if our jitender tomar is arrested then why not the other mininters too.....
  • RE: Is Jitendra Tomar's arrest justifiable? -DIWAKER MISHRA (07/02/15)

    if there is no any proper requirement of qualification for admonition as the minister then why the police is wasting his time in arresting Mr. Tomar . in my opinion ,police just counting the leaves on the tree . "WHERE IS THE DELHI POLICE WHEN GANG RAP IS ATTEMPTED BY BOYS IN DELHI ONLY ?" i know that making degree is an illegal offence, but my deer reader this is not a very serious offence that u just arrest the offend in station. remember Salman's khan hit and run incident. till today that guy is not hanged just because that he is a celebrity and give cores of rupees in tax to government. he also do the great and very shameful activity same as terrorist Bilal khan who kill Indian in 26 11 attack .
    There is also a incident of again a khan called as Shahrukh khan who said that "if Modi become the prime minister i leave the country ." there are many stories to tell u my reader that there is no any limits but our govt. just read the books in light of laltain.
    So i strongly agreed that Jitender Tomar arrest is not jusstifiable
  • RE: Is Jitendra Tomar's arrest justifiable? -Gupteswar Mishra (06/13/15)
  • Yes,definitely it is completely justified .Jitendra should be arrested ,as the law minister of a state in India has a fake Law Degree is shame for us.Coming to Smriti Irani case I'f she has fake degree then she should also be punished.In this matter Kejriwal should not be blamed because he can't go for an investigation about the degree of his party candidate.It his very difficult like brand ambassador of maggi can't go to the manufacturing unit or can't go for a test before go for advertising..
  • RE: Is Jitendra Tomar's arrest justifiable? -Soumen Maity (06/12/15)
  • I just want to say that it is not about BJP and AAP. It is about the true colour of our ministers. Smrity Irani and other BJP politicians who faked their educational background they are also guilty. But that does not mean that as they are not convicted Jitendra Tomar shouldn't be arrested. The thing is dishonesty and I am completely agree with Kartikeya Gulati that if he can do that kind of dishonesty what will he do when he will get power.

    If he wasn't arrested that would mean we are encouraging him to do more such type work and by seeing this other members will also be encouraged. So I think his arrest is justificable
  • RE: Is Jitendra Tomar's arrest justifiable? -Deepa Kaushik (06/12/15)
  • Jitendra Tomar is arrested by court's order for having fake law degree. And we should not forget that he had been serving as the law minister of the state. Being a minister is a highly responsible position and one should be having the basio ethic to serve as a minister of state. With this view point, his resignation is very much justifiable.

    Coming on to the comparison with Smriti Irani, if the cops failed to fulfil their duties in one scenario, then being sensible citizens, we much highlight that matter and make the legal procedure strong enough to get clarity regarding the background of every person posing as a candidate to serve our nation. Instead, it would be unfair to give such an example to call jitendra tomar's arrest to be incorrect.

    It should be the duty of the person being charged for any illegal procedure to nullify the charges against him and then resume his duties as a minister. Regarding the arrest, it would be great if the cops show same punctuality and eagerness towards their duties in all the cases. Our law and order situation would shine and the women safety and security concern would be nowhere seen in the country with such a duty consciousness.

    Precisely, the arrest of Jitendra Tomar is not incorrect; instead our cops are incorrect in their punctuality in most of the other scenarios.
  • RE: Is Jitendra Tomar's arrest justifiable? -PRIYA JOSHI (06/12/15)
  • good afternoon everyone

    I will go totally in against with this topic. Arresting him simply shows how modi government is very much scared of AAP. After kejriwal directed ACB to open CNG scam case, on the very next day 36 police came to arrest tomar that also without arrest warrant. It simply showing how again MODI's government is missusing its power to lower down the CNG scam case because once it get opened almost all of his party members who are holding top most post will be behind bars.
    And as far as my friend has commented above about corruption our government is running by corrupt people and tomar is not corrupt, Corrupt is the government which is still allowing people till now to carry on their degrees like the tomar did. If government is allowing public to take degree like tomar did then it itself means that central government is staisfied from this kind of system, and in this case there is no fault of public. and if later on government comes and says that you owned degree by fake means that fake is not that person fake is the government which had taken and still taking money from people and giving them degree.

    And its not that BJP is that much neat and clean that all its ministers are holding real degrees there are many candidates of BJP like SMRITI IRANI, RAMSHANKAR KATHERIYA, NIHAL CHAND who are holding fake degree and still enjoying the benefits of cabinet member.
    So its usless talking that BJP has that muc concer about our country and really want to ruled out corruption.
    Every citizen of INDIA can clearly visualize that how BJP is suppressing AAP and keep on detonating image of AAP and avoiding it to work like the way they want irrespective of they themselves have not done anything for public of INDIA except keeping that AACHE DIN tag for there candidates and members.
  • RE: Is Jitendra Tomar's arrest justifiable? -Kartikeya Gulati. (06/12/15)
  • Jitendra Tomar's arrest is Justified because the Politicians are the ones who run our county and the should not be corrupt. thus holding the position of Law Ministry with a fake law Degree is not Justified and the arrest was reasonable because a minister is faking his degree then he can do anything with his Power.