A Division Bench of the Kerala High Court, comprising of Justice Devan Ramachandran and Justice Dr. Kauser Edappagath, has in the case of Vaishak T v. State Of Kerala observed that in the second wave of the pandemic, Police should show empathy towards the people who were not wearing masks, instead of charging heavy fines on them.
Background of the Case
In this case, the Petitioner was roaming around without wearing the mask. The Police levied a fine on him and verbally abused and tortured the petitioner. Aggrieved by that, the Petitioner filed this Petition.
The Petitioner filed Writ Petition (Civil) praying that- in the circumstances stated in the affidavit filed along with the WP(C)- the High Court be pleased to direct the 4th respondent to preserve the visuals from the CCTV installed in Munambam police station- pending consideration of the Writ Petition (Civil), in the interest of justice.
Reasoning and Decision of the Court
Justice Devan Ramachandran, judge of the Division Bench hearing the person's petition, observed that the police, who had a "great role" to play during this time, should show empathy towards the petitioner.
He further expressed that:
“We understand second wave is going on, we know that people are still violating it, a small minority is, but you cannot use police force.”
The Court expressed that if the charges proved against the petitioner, no empathy should be paid towards him.
“We do not for a moment say, at this time that the allegations of the petitioner are true; but we are certain that if they are, then it requires apposite reaction from the State Police Chief.”
The Court made it very clear that this remark should not be used as a substantive one and should depend on the case-to-case basis. The Court also advised the State Police Chief to look into Ext.P1 and inform Court through, a proper pleading, as to the veracity of the allegations in this Writ Petition.
Case Details
Case: - WP(C) No.10809/2021
Petitioner: VAISHAK T.K.
Respondent: STATE OF KERALA
Judge: Justice Devan Ramachandran and Justice Dr. Kauser Edappagath
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