"They Are Not Above Law": High Court Orders Action Against Delhi Police Personnel For Not Wearing Masks, Riding Two Wheelers Without Helmets

A Division Bench of Acting Chief Justice Vipin Sanghi and Justice Sachin Datta observed,

"Police officers are equally bound by directions issued by DDMA, as any other citizen. We are of the view that they should lead by example."

The development comes in an appeal preferred by Advocate Shalen Bhardwaj, seeking directions for taking legal action against the Delhi police officials for violating the Covid-19 guidelines on duty and not implementing the Covid-19 guidelines despite issuance of circulars by Ministry of Home Affairs and Delhi Disaster Management Authority.

The Appellant was challaned for not wearing a mask in Sadar Bazaar area in August 2021. However, he alleges that the police officials were themselves not wearing masks and helmet at that time on duty.

He avers that when he was brought to the police station Sadar Bazar, he was shocked to see that most of the policemen were sitting without mask in violation of Covid-19 appropriate behaviour.

On the next day, Bharadwaj claims that he approached the office of the DCP concerned to make complaint against the erring police officials. However, a similar scenario was witnessed wherein most of the policemen were sitting without the mask.

A Single bench of the High Court had last year disposed of Bharadwaj's pela in view of the fact that on the basis of his complaint, two police personnel who were embroiled in the spat had been cautioned.

However, Bharadwaj has preferred the instant appeal pointing out that about 30 police personnel were found without mask but, no action is taken against them for violation of directions issued by the Delhi Disaster Management Authority.

Advocate Satyakam, appearing for Delhi Police, admitted that several police personnel were found violating the law and had been admonished. Further, an extensive inquiry was conducted based on the appellant's complaint a detailed report has been filed.

It was found that several police officials were not wearing mask during duty at their workplace and helmets while driving two wheelers.

At this juncture, the Bench inquired why such errant officers had not been challaned.

"Have you challaned them? You are challaning people, are these officers above the law? You have to lead by example," Justice Sanghi said.

It directed the Delhi Police to take appropriate action against the erring officers for violation of masking norms and for violation of Motor Vehicles Act by riding their vehicle without helmet.

The action has to be taken within 6 weeks.

Case Title: Shalen Bhardwaj v. Ministry of Home Affairs & Ors.

Citation: 2022 LiveLaw (Del) 524