New Delhi: Supreme Court Justice Ujjal Bhuyan has expressed deep concern and disappointment over police action during a student protest at Jantar Mantar. He said the neutrality and impartiality expected from police officers appear to be weakening and described it as distressing to see young IPS officers personally using force against protesters.
Justice Bhuyan was speaking at the launch event of retired IPS officer Yashovardhan Azad's book, Policing the Republic. During his address, he discussed the importance of policing, the rule of law, accountability of public officials and protection of citizens' rights.
Concern Over Police Action Against Protesters
Justice Bhuyan said it was deeply disappointing to see young IPS officers themselves coming forward and beating protesters and demonstrators. He observed that the neutrality expected from police officers appears to be gradually disappearing, calling the situation a serious concern.
He stressed that effective policing does not require excessive use of force or violations of human rights. Maintaining public order is an important responsibility of the police, but protecting the dignity and rights of citizens is equally important.
Police Represent State Authority to Ordinary Citizens
Justice Bhuyan noted that for an ordinary person, a police officer standing on the street with a whistle and baton represents the power and authority of the state.
When citizens believe they have been wronged, they turn to the police for protection and assistance. Therefore, maintaining public confidence in the police force is essential for the functioning of the justice and law-and-order system.
Panel Formed to Examine Jantar Mantar Protest
Police and paramilitary action during the student protests at Jantar Mantar had drawn criticism from different quarters. The matter subsequently reached the Supreme Court, which on July 20 constituted a high-level panel to examine allegations of excessive use of force by Delhi Police during the student protests and the march towards Parliament.
The panel is headed by former Supreme Court judge Justice R. Subhash Reddy. It will examine allegations relating to the use of lathis, tear gas, pellet guns and electronic batons. Complaints concerning alleged targeted harassment or mistreatment of women protesters will also be examined.
The panel will additionally review CCTV recordings and other video footage of clashes during the demonstrations to establish the sequence of events and assess the police response.
'If Government Officials Break the Law, Anarchy Can Follow'
Justice Bhuyan also stressed the importance of accountability among government officials. He said that if government authorities themselves become violators of the law, it can undermine public respect for the law and contribute to an atmosphere of disorder.
He also raised an important constitutional question: does a citizen lose fundamental rights the moment a police officer arrests them?
The broader point was that arrest does not automatically eliminate a person's constitutional protections. Even when someone is taken into custody, authorities are expected to act within the law and respect the person's basic rights and dignity.
Concern Over Custodial Torture and Deaths
Justice Bhuyan also referred to custodial torture and deaths. He described custodial death as one of the gravest forms of wrongdoing in a civilised society governed by the rule of law.
He further expressed concern over torture and cruel, inhuman or degrading treatment. Such conduct, he stressed, cannot be justified merely because a person is being investigated or questioned.
Rule of Law Must Apply to Authorities
Justice Bhuyan's comments underline the importance of ensuring that law enforcement agencies themselves operate within legal and constitutional boundaries.
Police forces have the responsibility to maintain peace and public order, but that responsibility must be exercised with restraint, fairness and accountability. Excessive use of force can damage public trust and raise serious questions about the protection of fundamental rights.
His remarks come amid a wider debate over police conduct during public demonstrations and the balance between maintaining law and order and protecting the constitutional rights of citizens.
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