Violence by police to enforce restrictions not permissible: HC

Violence by police to enforce restrictions not permissible: HC

Srinagar: The J&K High Court on Monday directed police not to inflict excesses or physical violence against any person while enforcing restrictions amid the coronavirus outbreak.
The direction was passed after Nitin Bakshi, Advocate, through email complained of excessive violence by the police and enclosed a video film purported to be from Jammu area.
Chief Justice Gita Mittal and Justice Sindhu Sharma while hearing the matter through video-conferencing said, “It is not possible for us to verify the correctness or the authenticity of the enclosures at this stage and time. However, certainly no excesses or physical violence by the police is permissible or can be countenanced.”
The court said, “Let the representation of Nitin Bakshi and the enclosures thereof be forwarded by the Registrar Judicial to the IGP, Jammu for examination for appropriate action.”
The court in this regard asked IGP (Jammu) to place a report before the next date of hearing and directed that the report be sent by e-mail to the office of the Registrar Judicial, Jammu, by April 3.
The court also recorded that many are misunderstanding the requirement of the lockdown and as such are resorting to their usual strolls, loitering and morning walks in local parks.
“A direction is issued to the law enforcing authorities and park owning authorities (all municipal corporations, development authorities) to prevent access to public parks, etc, which are normally used for such purposes by the citizens,” the court directed.
The court noted that the law enforcing agencies shall strictly ensure the lockdown and prevent any kind of activity which could adversely impact social distancing in any manner.
Meanwhile, Advocates Faisal Qadri and Monika Kohli raised grievance with regard to plight of the prisoners lodged in different jails of the country.
The counsels expressed deep concern about the safety and well-being of these prisoners with regard to care which is required for their protection from the COVID-19 infection.
The court directed in this regard, “We direct the Secretary of the UT of J&K to ascertain and ensure that well-being of all such prisoners is taken care of while mentioning Supreme Court directions regarding constitution of the High Powered Committee requiring the examination of the prisoners who are required to be released from prisons.”
The court said and directed that the High Powered Committee shall ensure that it strictly abides by the directives and mandate of the order of the Supreme Court of India and examines the cases of all prisoners which are to be considered as ordered.
In the meantime, the court asked for an interim report regarding the functioning of the Committee which is to be placed before the Home Secretary, UT of Jammu and Kashmir, before the next date of hearing.
Counsel Amit Gupta also submitted that an advisory has been issued by the DG Prisons and that full medical and health facilities have been ensured to the prisoners.

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