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"Nowhere under the provisions of Criminal Procedure Code, 1973, (Cr.pc) the police officers have power to give punishment to the person who is just accused of an offence", the petitioner asserts.
A PIL letter has been filed before the Telangana High Court seeking action against police officers who had allegedly forced five persons accused of causing hurt to move the barricades at the Andhra Pradesh-Telangana border "for a continuous period of 12 hours under the scorching summer heat." (PIL letter to Hon'ble Chief Justice of Telangana State)
The PIL filed by Baglekar Akash Kumar states that such acts of the police amount to a violation of the fundamental rights of the accused under Articles 14, 19(1), 21, 22(1) of the Constitution of India, 1950.
The petition places reliance on a report by The Hindu dated May 10 titled, “Police, not judges, award punishment”, which has also quoted a Police Inspector saying,
Emphasising that the police do not any power to punish the accused in this manner, the petitioner has made the following prayers before the Telangana High Court, i.e.,
To order departmental enquiry against all the errant police officers.
To direct the State to not compel the accused to do such acts in future
To direct the State to give compensation to the accused for violating their basic human rights.
To lay down guidelines in regard with what police officers should do while exercising its powers under Section 41A of the CrPC (Notice of appearance before police officer).
The petition has also placed reliance on a plethora of judgments of the Supreme Court wherein acts of torture of accused persons by the police have been censured.
The plea may be taken up for hearing by the High Court tomorrow.
Read the Petition here: