The Madhya Pradesh High Court recently comprising of a bench of Chief Justice Mohammad Rafiq and Justice Atul Shreedharan reiterated its earlier direction 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. (Osheen Sharma and Ors. v. The State of Madhya Pradesh and Ors.)
Facts of the Case
A PIL was filed before the Court for taking action against two police constables stationed at Pardeshipura and Indore who had used physical force upon rickshaw-pullers. The plea of the petitioner was to examine the issue at length and to constitute a Grievance Cell for examining the complaints of police wrongdoing.
Contentions of the Petitioner
The counsel for the petitioner submitted a news article published in Indian Express, Bhopal edition dated April 8, 2021, stating that an auto-rickshaw driver was pitilessly beaten by two police constables for not wearing the mask properly, and the video of such incident goes viral.
Before this case, it was alleged that two policemen at Malwa Gill Gate had questioned an auto-rickshaw driver regarding the same thing and was also asked to visit the police station with him. The auto- rickshaw driver stated that he was in a hurry as he was going to see his ailing father and therefore he cannot come with him. But he was was forcibly dragged to the police station.
The Petitioner also referred to another case where a lawyer and two journalists were subjected to the misconduct of the police. The excesses committed by the police on many occasions in this regard was also highlighted by the counsel.
Courts Observations and Judgment
The High Court, in this case, reiterated its own earlier direction in Shekhar Choudhary v. State of Madhya Pradesh, which disallows policemen to beat or give corporal punishment to any citizen who is found not wearing a mask or not following social distancing norms or lockdown conditions.
The court further remarked that the policemen instead of taking harsh steps should counsel the people by informing them about the need of following the Corona protocols like wearing masks properly, following social distancing, and strictly abiding by corona curfew.
The court before parting said, “This Court in this respect reiterates its earlier directions already issued in the order dated 17.5.2021, passed in W. P. No.8655/2021 (Shekhar Choudhary Vs. State of Madhya Pradesh and others) that no citizen who is found not wearing a mask or not following social distancing norms not following lockdown conditions, should be subjected to corporal punishment or beating.”
The bench directed the Superintendent of Police, Indore to take appropriate action after receiving complaints of extremes and beating by police against the guilty police officials.
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