Delhi High Court issues notice in plea for action against police officers for flouting COVID-19 guidelines

The Delhi High Court on Wednesday issued notice in a petition seeking directions to take legal action against Delhi Police officers for violating COVID-19 guidelines while on duty [Shalen Bhardwaj v. Ministry of Home affairs & Ors]..Notice was issued by Justice Rekha Palli, who placed the matter for further hearing in January 2022..The plea was filed by an advocate who stated that on August 18 this year, he was stopped by a constable and an Assistant Sub-Inspector (ASI) near the Sadar Bazar Police Station while returning along with relatives from the birthday party of his children. The petitioner stated that the police officers, who were not wearing masks or helmets while on duty, restrained him in the presence of his relatives, friends and others..He claimed that the constable acted in a derogatory manner and when he took objection, the policeman got off his bike and threatened the petitioner saying:"Mai tujhe abhi batata ho sahi galat. Kaagaj dikha Scooty ke saare" (Let me show you what is right and what is wrong, show me the papers of your vehicle).After he showed his papers to the constable and the ASI, the former noticed that one of the petitioner's relatives was not wearing a mask. The constable threatened to book him for contravention of COVID-19 guidelines..At this point, the petitioner pointed out that the police officers themselves were not wearing masks. The petitioner claimed that the officers then got frustrated and started misbehaving with him. When they tried to take him to the nearby police station, the petitioner refused, after which the officers started recording the petitioner and his relatives on their mobile phones."They retained all lD Address proof/all Scooty Paper in his custody and compelled the petitioner and all his relatives and friend to remove their mask on the pretext to capture their photos and videos," the petition stated.He was then taken to the police station for issuance of a challan. At the police station, the petitioner claimed, most of the police officers were not wearing masks..It is the stand of the petitioner that the police officers were not authorized to issue a challan as only a District Magistrate, Sub-Divisional Magistrate, any authorised officer of the Health Department, or a police officer of the rank of Sub-Inspector or above could do so..The plea stated that on the same night, the petitioner made a complaint against the police officials to the Cabinet Secretary and Home Secretary of the Government of India, the Ministry of Home Affairs, Chief Secretary of Delhi, Commissioner of Delhi Police and the Deputy Commissioner of Police, Civil Lines.The petitioner also recorded a video showing that police officers were not following social distancing, not wearing masks and flouting other COVID-19 guidelines.He also served a legal notice dated August 16, 2021 seeking an unconditional written apology from the police officers."The local resident of the Sadar Bazar made a joint written complaint to SHO Sadar Bazar and DCP Civil Line against said constable Hardutt with signature by around 100 people against the illegal act of constable Hardutt," the plea stated.However, no steps have been taken by the authorities against the officers, the petition stated. In this light, he was constrained to approach the High Court..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.