[Karnataka Lockdown] Don't terrorise citizens when they step out to get food: Retd Justice Michael Saldanha writes to AG Prabhuling Navadgi

Retired High Court judge, Justice Michael F Saldanha has penned a persuasive letter to Advocate General of Karnataka, Prabhuling Navadgi seeking his intervention to ensure that State authorities including Police act with kindness towards citizens during COVID-19 lockdown particularly when they venture out of their houses to get food supplies and grocery. .Justice Saldanha said that all citizens have the right to pick up provisions during the prescribed hours for their survival and police should refrain from unleashing violence when people step out for the same. "I quote just one example namely that whereas all citizens have the right, for their survival to pick up provisions within a prescribed period of time, all the instances of violence have taken place between 6.00 a.m. and 10.00 a.m. when citizens have gone out to procure the essentials," the letter said. In this regard, he also took particular exception to the government decision to not allow people to use vehicles when they go out to buy ration. "Citizens cannot shop every day, their requirements range from pulses to vegetables and all other household necessities, all of which are both bulky and heavy and it is physically impossible to carry these items. All public transports have been stopped and it is necessary to use a two-wheeler or a four-wheeler, but if this is done the police immediately seize the vehicles, on the ground that the Government has stated that no vehicles are allowed," the letter said. The common man in this country who has to depend on two and four wheelers cannot be treated as a criminal when he goes to pick up his food, he added. .Common man .....cannot be treated as a criminal when he goes to pick up his food.Retd Justice Michael F Saldanha.Justice Saldanha further urged AG Navadgi to advise the government to revoke all confiscation orders with regard to vehicles which were seized amid lockdown and to release such vehicles immediately. "May I request you to kindly ensure that the citizens of the State who are under extreme pressure and danger are allowed to do their daily shopping free of threats and violence and to use the requisite vehicles for this purpose without being terrorized," he said. Karnataka is currently under lockdown due to the surge in COVID cases and there have been instances from across the State alleging police excesses towards citizens. Justice Saldanha urged AG Navadgi to advise the government that politicians and its officers are public servants and should not conduct themselves with arrogance towards citizens. In this regard, he cited a press conference addressed by Chief Secretary two days ago in which the said official came across as extremely rude. "I have carefully watched a Press Conference addressed by your Chief Secretary two days back. He was extremely rude, hardly answered any questions and when it was pointed out to him that citizens cannot walk all the way to procure their essentials and to carry them, he rudely stated that if they cannot do so, they will have to starve," the letter alleged. Does he expect that in addition to the lakh of citizens who are dying due to failure of governance, many more should die of starvation, the former judge proceeded to ask. No other State is doing this except Karnataka, he added. "Before I proceed further on behalf of lakhs of right-thinking citizens of Karnataka may I request you to advise the Government and particularly the politicians and its officers of the fact that they are all PUBLIC SERVANTS and not our bosses and that the levels of arbitrariness and arrogance should be stepped down."The retired judge further stated that whenever there is an order of a lockdown or imposition of Section 144 orders, the law requires that there has to be legal justification for this. However, most of the time it is absent in the State of Karnataka. Secondly, such orders have to be clear, reasonable and feasible, the letter added. .The judge also said that in the recent past the citizens have been terrorized because they are picked up by the police and various agencies and charged with the most serious offences starting with sedition."The subordinate courts confine these citizens to custody for years together on the ground that the offences are non bailable and the consequences are horrifying," the letter stated. The judge also annexed a video along with the letter, exposing the conduct of Police. "This video depicts the police officer probably boasting that persons who have gone out for shopping are being charged under the Disaster Management Act, 2005 and the Epidemic Diseases Act, 1897, how these offences are non bailable and how they are punishable with imprisonment upto 7 years R.I. Additionally, the same police officer describes how the owners of all seized vehicles will be deprived of them and that even if the Courts were to release them at some later dates, there are very serious conditions, effectively this is an Order of confiscation," the letter said. .He, therefore, requested the AG to bring the issue to the notice of the government and to release such vehicles. "I am requesting you to immediately bring to the notice of the Government that the invocation of these drastic provisions is downright illegal, that it is misapplication of law and that all confiscation Orders will have to be immediately revoked and the vehicles restored. If in any given instance justified breach of law has taken place, the provisions of the Motor Vehicles Act can be invoked provided there is ground to do so," he urged the AG. .On a concluding note, the letter stated that it would better if the AG intervened and resolved these issues, rather than carry it to court. Justice Saldanha first served as Bombay High Court judge until he was transferred to Karnataka High Court where he continued till his retirement in 2004. [Read letter]