Supreme Court judge Justice Ujjal Bhuyan has criticised the use of force against student protesters, saying the detachment expected from police officers appears to be declining. He described it as deeply distressing to see police personnel assaulting protesters.
Justice Bhuyan made the remarks on Friday while speaking at the launch of retired IPS officer Yashovardhan Azad's book 'Policing the Republic'.
"All of us are dismayed when we see young officers of the Indian Police Service personally going and assaulting protesters and demonstrators. This is something very, very distressing to observe," Justice Bhuyan said.
"The detachment expected of police officers somehow seems to be disappearing, and this is indeed a matter of grave concern," he added.
‘Police force must maintain its credibility’
Justice Bhuyan said policing can remain effective without excessive force or violations of human rights. He stressed that the police are often the first institution citizens turn to when they believe they have been wronged.
"For most common people, a policeman on the street wearing a whistle and a lathi represents the power and authority of the state. When they feel wronged, they seek the help of the police. It is, therefore, of utmost importance that the police force maintains its credibility," he said.
Police and paramilitary action during the CJP protest has faced criticism from several quarters. The issue is now before the Supreme Court, which has constituted a high-level panel to examine allegations of excessive force during the July 20 student protests at Jantar Mantar and the Parliament march.
The panel, headed by former Supreme Court judge Justice R Subhash Reddy, will examine allegations involving lathi charges, tear gas, pellet guns, electronic batons and targeted harassment or molestation of female protesters. CCTV and other video footage will also be reviewed.
Justice Bhuyan raises custodial violence concerns
Justice Bhuyan also spoke about custodial torture and deaths, describing custodial death as among the gravest offences in a society governed by the rule of law.
"Custodial death is perhaps one of the worst crimes in a civilised society governed by the rule of law. Any form of torture, of cruel, inhuman, or degrading treatment would fall within the inhibition of Article 29, whether it occurs during investigation, interrogation or otherwise," he said.
He warned that lawlessness among government functionaries could weaken respect for the law.
"If the functionaries of the government become lawbreakers, it is bound to breed contempt for the law and will encourage lawlessness. No civilised nation can permit that to happen. Does a citizen shed his fundamental right the moment a policeman arrests him?" he said.
On alleged fake encounters, Justice Bhuyan said, "Encounter philosophy is a criminal philosophy. It cannot be a part of policing," and referred to the Supreme Court’s 2011 judgment on such cases.