Rajasthan High court
Rajasthan High court 
Litigation News

What steps have been taken to ensure no unlawful manhandling of public in enforcing COVID-19 Lockdown: Rajasthan HC asks state to respond

Rintu Mariam Biju

The Rajasthan High Court recently issued notice in a plea to identify and act against policemen who have allegedly committed excesses against the citizens, under the garb of enforcing the lockdown in place to curb the spread of COVID-19 (Ashish Davessar vs. State of Rajasthan & Ors).

Last week, a Division Bench comprising of Justice G R Moolchandani and Justice Narendra Singh Dhaddha observed that they have come across several reports demonstrating the exemplary positive work done by police authorities.

All the same, the Court opined that the State ought to respond on the concerns raised by the petition. The Bench, therefore, directed the State authorities to file a reply to the petition by April 7, Tuesday, when the matter will be taken up next. The order states,

"... the respondents are needed to be afforded opportunity to reply as to what steps and action has been taken to safeguard the citizens and to ensure that no unlawful manhandling, canning and spanking, which is not permissible under law is perprated."
Rajasthan High Court

While passing the above order, the Court also noted that the public should not be harmed while curbing the spread of COVID-19.

"Obviously, while fighting with the outbreak of calamity, no harm is to be caused to the public, rather transgression of law needs to be taken care of in accordance with law."
Rajasthan High Court

The plea filed by Advocate Ashish Davessar invites the attention of the High Court towards the alleged atrocities committed by policemen in Rajasthan. The plea also raises concerns over the further blocking of essential services, leading to severe hardships for citizens.

The petition prays for the Court to direct the State to identify and register cases against the policemen who have committed excesses against citizens.

It is also urged that the Court direct the State of Rajasthan to ensure that the supply of and access to essential services and commodities are not blocked in any manner by the Police force.

The matter will be heard next on April 7.

[Read the order]

Rajasthan HC - notice in police excesses plea.pdf
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