M.P. H C ORDER PASSED: POLICE OFFICER CANNOT GIVE CORPOREAL PUNISHMENT FOR NOT PROPERLY WEARING MASK

OSHEEN SHARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS .W.P. No.9595/2021 | THE HIGH COURT OF MADHYA PRADESH | Status: Disposed | |

On 6 April 2021, an auto-rickshaw man in front of PardesiPura police station was hit by two policemen with their feet because his mask was under his nose and the rick-shaw driver's son repeatedly kept asking to stop but both policemen brutally attacked him. Given this incident, a similar incident happened in Khandwa and even in Chhindwara, even the media persons were killed and attacked by the policemen. Given all these incidents, Advocate Shanno Khan filed a petition before the Chief Justice in Jabalpur High Court. Date of Order passed on May 24, 2021, (W.P. No.9595 / 2021 Osheen Sharma and others v. State of Madhya Pradesh and others

No citizen should be punished for not wearing masks or for not complying with the conditions of lockdown: Madhya Pradesh High Court ordered action against policemen.

The Madhya Pradesh High Court on Thursday (27 May) reiterated one of its earlier instructions that any citizen, who did not wear a mask or did not follow the norms of social distance or the conditions of lockdown, should not be beaten or physically abused and no sort of  corporal punishment should be applied on the person.

A division bench of Chief Justice Mohammad Rafiq and Justice Atul Sreedharan made the said remarks directing the Superintendent of Police, Indore to take appropriate action against the guilty police officers on the complaints of excessive beatings made by the police.

 

FACTS:

The PIL filed by Osheen Sharma and others sought direction to register an FIR against two police constables posted at the police station - Pardeshipura, Indore, as they ruthlessly punched innocent rickshaw drivers while allegedly abusing their powers. 

The petitioners had requested the defendants to direct an independent committee or grievance cell to investigate complaints against the excessive physical abuse used by the policemen.

Advocate Shanno Shagufta Khan, counsel for the petitioner submitted that after the video of an auto-rickshaw driver beating up two constables of the police station - Pardeshipura, Indore, went viral, as per the news published on April 8, 2021, in the Indian Express, Bhopal edition Was suspended. The constables physically abused the driver for not applying the mask properly.

An auto-rickshaw driver was stopped by two policemen posted at the Malwa Mill Gate and asked why he had not worn a mask properly. The mask had slipped through his nose unintentionally. The petition further states that the auto-rickshaw driver explained that his father was ill and hospitalised, he was going to meet him, however, the policemen did not acknowledge his words and asked him to come to the police station in any condition.

On refusing to come to the police station, a scuffle ensued between the policemen and the auto-rickshaw driver and he was forcibly taken to the police station. While standing there the son of the rickshaw driver pleaded with the policemen not to beat his father.

The petitioner's lawyer Advocate Shanno Shagufta Khan then referred to three other cases of police atrocities, in addition to referring to one case in which a lawyer and two journalists were attacked by police in Madhya Pradesh in the last three months.

While ordering action against the erring police officers, the High Court observed that the policemen need to make people aware of how  to follow the COVID protocols like making people wear masks, follow social distancing norms or follow lockdown/corona curfew restrictions.

Finally, the court stated, "that any citizen who is not found wearing a mask or does not follow the norms of social distance or does not follow the conditions of lockdown, should not be punished or beaten.

The petition was filed by  these four petitioners: Osheen, purnshiree, Husaifa and Muskan who are interns of  HUMAN RIGHTS LAW NETWORK, Indore, Madhya Pradesh.



Attachments

    https://hrln.org/uploads/2021/06-June/02-Wed/1_6837_2021_WP_9595_2021_Order_24-May-2021_digi%20%281%29.pdf