We Expect A Balanced And Humane Approach From Police: Madras HC On Action Against Lockdown Violators [Read Order]

The Madras High Court has asked the state government to file a report on lockdown violations and the action taken by the Police against such violators, within four weeks.

While doing so, the bench of Dr. Justice Vineet Kothari and Justice R. Suresh Kumar also authorized the state administration to adopt "safety measures" to prevent people from unnecessarily venturing outside. It thus directed that Nodal Officers may be appointed who will grant permission to people having urgent needs, to approach the concerned outlets.

The court said,

"We do not expect people to come out from their houses unnecessarily during the lockdown period, but in the cases of emergency situations like, for medical requirements or supply of essentials like food grains etc., they may approach the concerned Nodal Officers and ask for Permit and get the help from the concerned points or outlets, for which the Administration is expected to extend all necessary help."

The direction was made in a PIL alleging police excesses and seeking a direction to the Police authorities to not harass people who venture on road without deviating from the government order and guidelines under Section 144 IPC.

Though the court refused to make any specific direction to the Police for want of specific instances of the alleged police excess, it nevertheless expressed hope that the authorities will adopt a "balanced and humane" approach while dealing with this unprecedented situation. It observed,

"we expect the Police Administration to adopt a Balanced and Humane approach in this matter, since the emergent situation on account of Corona or COVID-19 is a very unique kind of problem and large scale problem which the State as well as people at large have to face and therefore the Police Administration should adopt a sympathetic, balanced and humane approach towards the people."

In case of people coming out of their houses during the lockdown period without a reasonable cause, the court directed,

"The State Administration can take safety measures to prevent such exodus and the spread of such possible health hazards, not only for the people coming out but to others as well.

A Report in this regard about the alleged violations, cases booked and actions taken by the State Administration may be submitted to the Court, when the matter is listed again after the period of four weeks, after the Courts resume the regular working."

Case Details:

Case Title: ML Ravi v. State of Tamil Nadu

Case No.: WP No. 7418/2020

Quorum: Dr. Justice Vineet Kothari and Justice R. Suresh Kumar

Appearance: Advocate T. Sivagnanasambandan (for Petitioner); Additional Advocate General PH Arvind Pandian (for State)

Pic Courtesy: Business Today

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