Nagpur High Court

Humiliating violators a serious infringement of human rights: High Court

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No person is made to face any Humiliating Punishment by force for violating norms regarding lockdown owing to COVID-19 pandemic. Directions were issued to the commissioner of police Nagpur by Justice R. B. Deo on a petition filed by Sandeep Nair a Nagpur Resident.

Justice Rohit Deo, while hearing the petition filed by Sandeep Nair complaining about insult meted out to some senior citizens and renowned professionals for alleged violation of breakdown, directed the City Police not to take recourse to “extra-legal measures or punishments” while enforcing the lockdown.

The High Court, while patting the back of City Police for overall good work during implementation of COVID-19 pandemic measures and without suspecting their intention, made it clear that making a humiliating spectacle of the violators was a serious infringement of human rights and the Constitutional right.

The petitioner’s counsel Adv Anil Kamale brought to the notice of the court that alleged violators of the lockdown had been photographed holding placards declaring them as an enemy of the nation, the society, the family, and the humanity. the photographs were published in prominent newspapers gone viral on social media. while issuing the notice the court has requested the govt pleader to verify whether the incidences occur here or not.

The Petitioner Sandeep Nair Pointed out to the court that in anxiety to strictly enforce the directives pertaining to lock down owing to COVID 19 pandemic, Certain police personnel Indulging in gross violation of human rights. The learned Addl Govt. Pleader states that she has received instructions from the Commissioner of Police Shri Upadhye and the Joint  Commissioner of Police Shri Ravindra Kadam and she is in a position to state on instructions that while certain instances did occur in the first phase of lockdown, the humiliating photographs have not been published by the police. However, the learned Addl. Govt. Pleader Smt. Ketki .S. Joshi is not in a position to make a statement, at this stage, whether the photographs are taken by police personnel and assures the Court that such a statement shall be made on the next date of hearing. The high court had directed the additional govt pleader Ketki Joshi to ascertain facts from the talk police officials and further noted that the police personal indulging in a blatant violation of human dignity, were expected to aware that the society is a civilized one was governed by the rule of the law.

Adv Anil Kamale and additional govt pleader Ketki Joshi represented the state.

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