The Telangana High Court asked the Hyderabad police last week why its officials had booked a disproportionately high number of Muslims for violating lockdown rules. The petition was filed by Sheela Sarah Mathews bringing to the court’s attention the many incidents of police excess and brutality aimed at people for violating the lockdown rules.
The petitioner, represented by Dipak Misra, had also filed an application in the case under section 151 of the CrPC seeking directions from the court to the Respondents to incur medical expenses of the injured persons as stated in the affidavit filed by the petitioner.
A counter affidavit was filed by Hyderabad Police Commissioner addressing the various allegations made in the petition and informed the court about the actions taken against some officials for failure to discharge their duties responsibly.
It was submitted that a departmental enquiry has been initiated against Sub-Inspector B Lingam and SHO of Ameerpet Police station, B Mohan Kumar and ACP of Malakpet Division and the court has directed that the progress of the departmental inquiry be informed to the court.
In the counter affidavit, it is also claimed that Mr. Mohd. Asgar and Mr. Khaleem were not assaulted by the police but injured themselves while running away from the police. Reportedly, Mohd. Asgar, who went to fetch groceries, fell from the top of a building as people began to run to a nearby under construction building as police started lathi charge.
The court, in its June 17 order, observed that the injury report of either individual has not been submitted with the counter affidavit. The police, on the allegation that they had assaulted a handicapped person, stated in the counter affidavit that he was a regulator violator with many traffic challans against him, however, these challans were not submitted to the court.
Further, the court directed the police to submit the name of the police personnel, seen in a video circulating on the internet, abusing locals who had stepped out of their homes to buy groceries. The police have admitted in the Counter affidavit that this incident took place.
Responding to another incident of police excess, whereby it was alleged that the police personnel of Falakhnuma Police station damaged vehicles parked on the road, the counter affidavit said, that the police were checking the vehicles for coronavirus. The court was rather surprised and said there was no need to use lathis to check for coronavirus. The court asked for a complete report to be submitted in this regard.
Further, about the allegation that one Mr. Zaidan was attacked by K Hanumanth Kumar of Golconda Police Station, the counter affidavit stated that Zaidan was intercepted by the police as he was riding a two wheeler without a mask and helmet and in an altercation, the police lathi accidentally hit his spectacles which broke and caused injury under the right eye. The Court, however, observed, “the injury report of Zaidan has not been produced before this Court. Obviously, a single injury to right eye cannot cause an injury requiring thirty-five stitches and a hairline fracture. Thus, it is obvious that the correct facts have not been mentioned in the counter affidavit.”
The court further observed, “although it is claimed that Mr. Hanumanth Kumar was suspended by order dated April 29, and a detailed enquiry has been ordered against him, neither the copy of suspension order, nor the further development in the departmental enquiry has been submitted along with the counter-affidavit.”
In the light of the above observations, the court asked the police to file a fresh report along with requisite injury reports.
The Times of India reported that during the hearing, the court questioned why there was disproportionate charging of people belong to the Muslim community for violation lockdown rules. The bench comprising Justices Raghavendra Singh Chauhan and B Vijaysen Reddy asked, “does it mean that there are no violators from other communities?” The bench also pointed out how nationwide protests broke out in the USA when an African-American man was killed by the cops.
The court sought a fresh report from Hyderabad police by June 29 and scheduled the next date of hearing for June 30.
The complete order may be read here.
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