Police Should Avoid Excess Force Against Lockdown Violators : Karnataka High Court

The Karnataka High Court has observed that police should avoid excess force against lockdown violators.

Amicus Curiae Advocate Vikram Huilgol brought to the attention of a bench comprising Chief Justice Abhay S Oka and Justice Arvind Kumar reports about police lathicharge against violators of lockdown rules.

He informed the court about the order issued by the court on March 30, 2020 by which it had directed the Director General of Police to issue a circular not to use excessive force to implement lockdown.

Justice Kumar orally observed that "Excess force should be avoided. If people are not cooperating, make the people sit in the nearest police station, for the entire day."

The Advocate General Prabhuling K Navadgi said "Police standing there are being exposed to corona. Statements of no force being used are all ok...but they (police) are working under tremendous pressure."

Chief Justice Oka said "Ultimately, if there is a direction of lockdown, citizens should cooperate and these incidents of excess should be avoided."

The court brought to the notice of the Advocate General its order dated March 30, in which it was noted that "It will be appropriate if the Director General and Inspector General of Police of the state issues similar guidelines (As those issued by Commissioner of Police, Bengaluru) to the police personnel all over the state. If such guidelines are issued which would be applied across the state, we are sure that there may not be an occasion to make allegations regarding police excesses and police indulging in lathi charge.

Navadgi requested the court to not pass any orders and said he would take up the matter with DGP himself. Accordingly the court noted "Our attention is invited to what is observed in para 2 of order dated March 30, 2020. Advocate General says he will take up the issue with concerned authority so that necessary action can be taken."

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