Supreme Court judge Justice Ujjal Bhuyan has criticised the assault of protesters by police personnel during the recent CJP demonstrations in Delhi, describing the conduct as “very, very distressing” and a matter of serious concern.
Speaking at the launch of retired IPS officer Yashovardhan Azad’s book Policing the Republic, Justice Bhuyan said the detachment expected from police officers appeared to be diminishing.
He expressed concern over young Indian Police Service officers personally participating in the assault of protesters and demonstrators.
Justice Bhuyan stresses need for responsible policing
Justice Bhuyan said effective policing does not require excessive use of force or infringement of human rights. He emphasised that the police play an important role in maintaining public confidence because citizens generally approach the police when they feel they have been wronged.
He said maintaining the credibility of the police force was therefore of “utmost importance”.
The judge’s remarks come amid continuing scrutiny of the police and paramilitary response to the CJP protests in Delhi.
Supreme Court panel to examine police action
The Supreme Court has constituted a high-level panel to investigate allegations concerning the use of force by Delhi Police during the July 20 student protests at Jantar Mantar and the subsequent Parliament march.
The panel, headed by former Supreme Court judge Justice R Subhash Reddy, will examine complaints relating to lathi charges, tear gas, pellet guns and electronic batons. It will also look into allegations of targeted harassment or molestation of female protesters and review available CCTV and video footage.
The police response during the protests has faced criticism, while Delhi Police has maintained that its personnel were also attacked during the clashes.
Judge raises concern over custodial deaths and torture
Justice Bhuyan also spoke about custodial torture and deaths, describing custodial death as one of the gravest crimes in a society governed by the rule of law.
He stressed that torture and cruel, inhuman or degrading treatment cannot be accepted, regardless of whether such conduct takes place during investigation, interrogation or other circumstances.
The judge further warned that when government functionaries themselves become lawbreakers, it can undermine respect for the law and encourage lawlessness.
He questioned whether citizens lose their fundamental rights simply because they have been arrested by police.
‘Fake encounters’ cannot be part of policing
Justice Bhuyan also addressed allegations of extra-judicial killings, commonly referred to as “fake encounters”. Referring to a 2011 Supreme Court judgment, he said such encounters undermine the rule of law.
He stressed that an “encounter philosophy” cannot become part of legitimate policing and said proven fake encounters involving serving police officers must be treated with the utmost seriousness.
The Supreme Court’s panel will now examine the allegations surrounding the police action during the July 20 protests as scrutiny of the events continues.