Karnataka High Court bins PIL seeking action against police excesses

The High Court on Wednesday dismissed a Public Interest Litigation (PIL) seeking registration of FIR and departmental enquiry against policemen who assaulted general public while enforcing lockdown norms.

A division bench comprising Justice Satish Chandra Sharma and Justice M Nagaprasanna said that a remedy is always available under the criminal procedure Code (CrPC) by way of filing a private complaint if such excesses are used by the police.

The petition is filed by S Balakrishnan, a city-based advocate and a trade union activist.

The petitioner cited media reports in support of his contention that the police had indulged in excess force against the public.

“There may be some stray incidents, for which a roving probe cannot be ordered. They (police) may not be doing that out of any pleasure,” the bench observed.

The petitioner had quoted the example of police brutality on Lala Lajpat Rai during the freedom struggle. The bench observed that lathi charge during the freedom struggle cannot be equated with the state police’s action against violators of lockdown norms.

In the present context, the police are standing on the streets as frontline workers risking their own lives only to enforce lockdown norms to contain the spread of Covid-19.

The bench said the entire world is facing a grave situation following the spread of the virus and frontline workers have lost their lives.

Cost imposed

The bench dismissed the petition and also imposed a cost of Rs 1,000 on the petitioner for filing a frivolous petition.

Justice Sharma orally observed that in his experience, Karnataka police are a well-disciplined police force in the country. He also pointed out that there is a habit among some people who venture out in their high-end cars just to get a glimpse of the city roads during the lockdown.