Avoid humiliating lockdown violators: HC to Nagpur police

Nagpur, May 8 () The end does not necessarilyjustify the means, the Bombay High Court said on Friday whiledirecting the city police chief to ensure no person is made toface any unusual or humiliating punishment by his force forviolating norms related to the coronavirus-enforced lockdown.

Justice R B Deo, of the Nagpur bench of the HC, madethe observation while hearing a petition filed city residentSandip Nair, raising concerns over the manner in which thelocal police force had been implementing the lockdown.

The petition contended that while the police force is,by and large, discharging its duties in an exemplary manner,there are several instances which would be a "blot" on thepolice machinery.

The petitioner pointed out instances where lockdownviolators, including senior citizens and women, have been madeto hold placards with messages like "they are an enemy to thesociety and humanity".

Photographs of the violators with such messages areclicked and made viral on social media. Such photos also maketheir way in newspapers and TV channels, the plea said.

The petitioner argued that while the police wereentitled to take all possible measures within the four cornersof law to enforce the lockdown, making a humiliating spectacleof the violators is a serious infringement on their basichuman and fundamental rights.

The court, after hearing brief arguments, noted thatthe petition brings to the fore an extremely disturbing anddistressing facet of the enforcement of the lockdowndirectives.

I have come across several news reports highlightingthe unusual and humiliating punishments which are meted out bypolice personnel under the garb of enforcing the lockdowndirectives, Justice Deo said in the order.

The court said though it does not have any reason tosuspect the intent of the police machinery, the end does notnecessarily justify the means.

Justice Deo further noted that police personnel whohave indulged in blatant violation of human dignity areexpected to be aware of the fact that this is a civilisedsociety governed by the rule of law.

While extraordinary situations may call forextraordinary measures, these must have the sanction of law.Human dignity and rights cannot be sacrificed at the alter ofextraordinary situations nor can the constitutional right to adignified life be hostage to supposed intentions, the courtnoted.

The court directed the Nagpur police commissioner tosensitise the entire police force to ensure such sordidincidents do not recur.

This court trusts that the top echelons of the policemachinery shall ensure that there shall be no furtherviolation of human rights while enforcing the lockdown.

"Should a single such incident is noticed, this courtexpects the police commissioner to hold the senior officerunder whose jurisdiction the incident has occurred,accountable, the court ordered.

The court posted the matter for further hearing onMay 21. CLS SPRSY RSY