The misuse of the power to arrest and false implication in criminal cases of political dissenters is the biggest threat to democracy as it permits illegitimate use of the state’s monopoly over use of violence through the rule of law. The rearrest of Arun Ferreira immediately upon his release on 27th September 2011 from Nagpur Central Prison after over four years of custody and acquittal in all the cases in which he was arrested is an blatant example of this. This is not the first time that the state has exercised the power of rearrest illegitimately. In fact it is done repeatedly with activists who are released after spending years incarcerated in false cases after their acquital. Adv Gadling gives his more than decade of experience with cases of THOUSANDS of tribals in Maharashtra .

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