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The Madhya Pradesh high Court, while dealing with a petition seeking action against two cops who mercilessly beat up a rickshaw driver for not wearing a mask properly, directed the police to not use force against people not abiding lockdown rules. The bench of Chief Justice Mohammad Rafiq and Justice Atul Sreedharan did not go into the merits of the petition as the matter had already been dealt with recently and appropriate directions were issued and chose to reiterate the same directions.
The petition was filed by one Osheen Sharma and others seeking direction to register FIR against two constables of Pardeshipura police station, Indore alleging that they misused their powers and subjected innocent rickshaw-pullers to merciless beating. The petitioners also prayed that a direction be issued to constitute an independent Committee or Grievance Cell, who may examine the complaints against excess misconduct of such Policemen.
On April 8, it was reported that the two constables were placed under suspension after their video beating an auto rickshaw driver became viral on social media. The policemen beat him up, allegedly, for not wearing his mask properly. The rickshaw driver explained that since his father was ailing and was hospitalized and he was going to visit him, which did not convince the policemen and asked him to come to the police station with them. When he refused, he was forcibly dragged while the driver’s son pleaded with them not to beat his father. Reportedly, he was brutally beaten up and kicked.
It was also highlighted that another such incident took place in Piplanarayanwar village in Chhindwara district wherein a policeman was thrashing a person with a stick whereas another policeman was watching. Further, one lawyer and two journalists were also beaten up by the police in isolated incidents.
The Deputy Advocate General, Swapnil Ganguly informed the court that in its order dated May 17, this court has issued necessary order to the police directing that no citizen flouting norms, should be subjected to corporal punishment or beating and that they should instead counsel people. Further, chargesheet has been filed against the two policemen, Mahesh Prajapati and Gopal Jatt.
The court directed the Superintendent of Police, Indore to take appropriate action against the erring police officials and to take the disciplinary proceedings to their logical conclusion. The court disposed off the petition and reiterated the directions made in its May 17 order that no citizen who is found not wearing mask or not following social distancing norms or not following lockdown conditions, should be subjected to corporal punishment or beating. The policemen should rather counsel people by sensitizing them about the need of following Covid protocols such as wearing masks, following norms of social distancing or abiding lockdown/Corona curfew restrictions.
On May 27, Patna High Court noted purported illegality and brutality exhibited by the police in enforcing the lockdown and directed authorities to keep a check on the same.
The order may be read here:
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