The writ petition has been filed under Article 226 of the Constitution of India. In this case, the petitioner, Mr. Deepak Bundela has alleged that the police personnel practice communalism.
Brief Facts of the Case
The petitioner is from Betul District, Madhya Pradesh. He refers to the incident on March 23, 2020. On the said day, the Executive Magistrate imposed Section 144 owing to COVID- 19. The petitioner was on his way to the hospital when the incident occurred. The police personnel, Mr Kapil Saurashtra thrashed him. Moreover, the police acted on the strength of Section 144. This happened despite the petitioner stating medical reasons.
Moreover, the petitioner asserted intricacies of law and the constitutional limits. But, as stated in the petition, the respondent started verbal abuse. The abuse was on the petition and the constitution. The respondent inflicted physical harm and the petitioner suffered serious injuries.
Furthermore, the petitioner filed a written complaint with the Superintendent of Police. The complaint was to apprise him of the cognizable offence. Then on 17.05.2020, two police officials visited the petitioner for recording the statement. The petitioner alleges that the officials instead tried manipulating to retract the complaint. The official pleaded that the personnel mistook him as a Muslim due to his appearance.
Hence, the petitioner seeks appropriate action to prevent communalism within the executive forces.
Contentions of the Petitioner
The petition contained that the respondent did not register any case despite the cognizable offence. It has evaded the mandate of law and omitted the executive duty. This attracts the provisions of Section 154 of the Code. Further, the police have the duty to uphold constitutional values. It must not transgress the constitution in any circumstance. Also, the state cannot misuse the statutory powers at its disposal.
The petitioner alleges the police with a prejudice against Muslims and their religion. It was the petitioner’s appearance (sporting a long beard). The police catered to their malice towards Muslims rather than its duty. Moreover, the state violated his right to live and have a healthy life. Though Section 144 was in force, there was no restriction on the individual movement and essential supplies.
The Court referred to the Supreme Court guidelines in Prakash Singh & Ors. v. Union Of India and Ors (Police Reforms Case). There has been growing incidents of police brutality in the country and communal elements are one of them.
The plea also quotes the lines of investigating officer. It states- “All those people are ashamed that they did something like this to a Hindu brother without knowing his identity. We do not have any enmity against you. Whenever there is a Hindu-Muslim riot, police always support the Hindus; even Muslims know this. But whatever happened with you was because of ignorance. For that, I have no words.”
Hence, the petitioner seeks directions to mitigate the situation.
Prayer for Relief
The petitioner seeks directions from the Court to mitigate social evil. The incident reflects communalism within the police. The executive must guard the principle of the constitution. The action violates Article 15(1) of the Constitution.
“The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.”
The respondents have also constituted offences under Sections 323, 324, 341, 293 and 506 of IPC. The petition pleads for the following relief-
- The respondents must register the First Information Report and conduct an adequate inquiry.
- The petitioner and his counsel may receive police protection.
- The petitioner may receive damages and the cost of litigation.
- The Court must constitute a committee to address the concern of communalism in the police force.
Libertatem.in is now on Telegram. Follow us for regular legal updates and judgements from the court. Follow us on Google News, Instagram, LinkedIn, Facebook & Twitter. You can also subscribe for our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.
