Telangana high court
Telangana high court
Litigation News

PIL filed in Telangana HC against "Torture" by Telangana Police for forcing accused persons to move barricades at the State border

"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.

Aishwarya Iyer

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.

"No where 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. Under our criminal jurisprudence, only the convict of any offence has to undergo punishment of ‘rigorous imprisonment’ based on the directions of court."
Petitioner

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,

“Every day five petty case accused are brought from various stations under the rural police limits. It is the fourth day. These men are involved in simple hurt case. Moving the barricades in the sun is their punishment, they should not rest when the police are working hard. Even the SP and DSP appreciated the inspector’s initiative.”
"The above act of the police officials amounts to torture."
the petition states.

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:

PIL letter to Hon'ble Chief Justice of Telangana State.pdf
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