The police had used police lathies against vehicles to check the presence of Coronavirus. On this explanation of the police, the Telangana High Court expressed surprise.
Submission of the Petitioner
The petitioner submitted that the action of the police is arbitrary and unjust. The action of the police was contrary to fundamental and constitutional rights. They violated rights under Article 14, 19, 21 and 300A of the Constitution of India. They also misused their power.
The local persons had stepped out for groceries. However, a sub-inspector of Moghalpura Police Station abused them. Moreover, there is a video circulating over the internet of the said incident. The police had assaulted Mr Mohd Asgar and beaten Mr Khaleem. They even assaulted a handicapped person.
The police personnel, Mr K. Hanumanth Kumar attacked Mr Junaid. Due to the brutal attack, he has suffered thirty-five stitches on his face. He has also suffered a hairline fracture. Further, the police personnel of Falakhnuma Police Station has damaged the vehicles.
The petitioner prayed to the Court to direct the respondents to pay the medical expenses of the injured persons. He prayed to conduct an inquiry against the police of the incidents in detail.
Submission of the Respondents
The police said that they had not assaulted Mr Mohd Asgar. The police personnel was approaching his area. After seeing this he tried to run away and fell down. The police claimed that they had not beaten Mr Khaleem. After seeing the police personnel, he tried to run away and fell into a manhole. This was the reason for a fracture on his right leg. The police also denied the allegation of assaulting a handicapped person. Further, the police claimed that he is a regular violator of the provisions of the Motor Vehicles Act. The police also informed that thirteen Traffic Challans are hanging against him.
In another case, Mr Junaid was driving the two-wheeler without wearing a mask and helmet. Moreover, an altercation had taken place between the police and Mr Junaid. The lathi belonging to HG Hanumanth Kumar hit and broke the spectacles of Mr Junaid. It caused a bleeding injury under his right eye. Moreover, according to the police, immediately, they took him to the Hospital. The police claimed that they did not want to damage the vehicles. They used police lathies to check the two-wheelers for Coronavirus.
Observation of the Court
The police had not submitted the report of the injury of Mr Mohd Asgar along with the counter-affidavit. Even in the case of Mr Khaleem, they had not filed the injury report. The police claimed that they shifted him to the Osmania General Hospital. But they did not file the medical report of the Osmania General Hospital. Also, the report was not attached to the Counter Affidavit.
Order of the Court
The Court directed the respondents to submit the injury reports of the injured. The police would also submit the statements if any recorded by the police. The police would inform the Court about the progress of the departmental inquiries. The Court directed the respondents to submit the report before this Court on or before 29.06.2020.
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