The Gauhati High Court notes in the grab of lockdown, surely innocent people should not be subjected to torture or inhuman treatment, particularly because at this point in time, the innocent citizens/ordinary persons are highly sensitive and emotionally volatile while hearing a PIL against police atrocities.
At the same time Court said, “such conditions surely cannot be aggravated by inhuman treatment given by the public servants. We are also of the view that the police people are working on frontline are facing possible contamination and infection. Their duties, however, demand that they go close to the public, one of whom might be already infected. We are also conscious of the fact that the police personal might be working overtime in these conditions.”
A two-judge Bench of Js. Ajay Lamba and Js. Soumitra Saikia was hearing the petition filed by Rahul Sensua on the premise that the police are resorting to atrocities, torture and assault on innocent public amidst nationwide lockdown declared for prevention and control of Corona Virus/COVID-19. Some incidents have been cited in the petition, as reported in the print media etc.
The Bench said, “Surely, no country in the world was prepared for such eventuality. Even the western countries have failed in controlling the spread. Lockdown conditions had to be ordered so as to arrest the spread of the pandemic and the said lockdown can only be enforced through police force.
The Court disposed of the petition stating that not only the petitioner but any citizen who notices such inhuman treatment and torture at the instance of public servants, should collect actionable material and initiate individual action against the law breakers.
-India Legal Bureau