Assam: Police can management site visitors, not violate rights of residents, says Gauhati HC
Guwahati: The Gauhati Excessive Courtroom whereas listening to a PIL on the assault on a biker by a cop in Guwahati for a ‘trivial offence’ noticed that the “Police might have the authority to manage the site visitors however the identical can’t be dealt with as a instrument to violate the basic rights of the citizen.”
Taking suo moto cognizance of a letter written by advocate Manish Goswami the Gauhati Excessive Courtroom bench of Chief Justice RM Chhaya and Justice Soumitra Saikia directed the Assam Police authorities “to impart coaching to all police constables, who’re dealing with site visitors in cities, extra significantly in any respect district ranges, to stay citizen-centric.”
Within the letter to the HC chief justice, Goswami introduced to note the incident that had taken place at Paltan Bazar within the metropolis on March 17 when an individual, who was driving a two-wheeler alongside together with his spouse and their three-year-old baby, was assaulted by a constable on responsibility for an alleged minor site visitors violation.
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The incident was captured on digital camera and had gone viral on social media.
The Further Senior Authorities Advocate contended that the authorities have drawn departmental motion
in opposition to police personnel concerned within the brawl and have been suspended from service pending the enquiry.
The courtroom additional opined that “for a trivial site visitors offence, the police personnel mustn’t and can’t be permitted to take legislation of their fingers.”
“Police might have the authority to manage the site visitors however the identical can’t be dealt with as a instrument to violate the basic rights of the citizen. Steps that are taken by the authorities in opposition to the erring police personnel don’t finish the agony of the residents at massive. It’s, nevertheless, clarified that if there’s any breach of site visitors guidelines, the police personnel might have taken motion in accordance with the legislation as a substitute of utilizing power on the harmless residents.” The courtroom opined.
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The bench additionally directed the state authorities “to coach their police personnel about their rights and duties as a public servant” and added that “applicable primary information of the legislation regarding the identical ought to be imparted by conducting coaching.”
The bench requested the state authorities to kind a committee to coach the police personnel about such legal guidelines to forestall comparable incidents in future.