The Rajasthan High Court through its Jaipur Bench on Tuesday directed the state government to file its reply on a petition alleging use of force by the police authorities for implementation of lockdown in the state.
In a plea filed by practicing Advocate Ashish Davessar, the bench of Justice GR Moolchandani and Justice Narendra Singh Dhaddha remarked,
"Obviously, while fighting with the outbreak of calamity, no harm is to be caused to the public, rather transgression of law needs to be taken care of in accordance with law."
No Justification For Police Brutality Against Persons During Lockdown
Davessar had submitted that while enforcing locking down, the general masses were being maltreated and beaten by the police. He also informed the court that despite bringing the matter to the knowledge of the concerned authorities, no remedial steps had been taken till date.
In view thereof, while acknowledging that the police authorities were doing an "exemplary" job at restricting non-emergent movement, the bench said that the state must be given an opportunity to present its case. Accordingly it ordered,
"the respondents are needed to be afforded opportunity to reply as to what steps and action has been taken to safeguard the citizens and to ensure that no unlawful manhandling, canning and spanking, which is not permissible under law is perprated.
Let notices be issued to the respondent/s, to file their reply."
The matter has now been posted for April 7.
"If the lawful authority is not being obeyed, then legal recourse be taken against the law and rule breakers and they be not beaten and the errants be deterred from perperating such brutality, since we are fighting against the virus and not against the masses," Davessar had urged before the court.
Earlier this week, the Kerala High Court took suo moto cognizance against the police excesses during the lockdown and decided to monitor state action under its "watchful eyes".
Case Details:Case Title: Ashish Davessar v. State of RajasthanCase No.: WP No. 5124/2020Quorum: Justice GR Moolchandani and Justice Narendra Singh Dhaddha
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