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Showered With Invectives, Subject To "Torture" For Not Wearing Mask: Kerala High Court Seeks Report From Police Chief

Lydia Suzanne Thomas
5 May 2021 5:33 AM GMT
Showered With Invectives, Subject To Torture For Not Wearing Mask: Kerala High Court Seeks Report From Police Chief

When hearing a petition filed by a person who alleged that he was verbally-abused and "tortured" by certain police officers for failing to wear a mask in a public place, the Kerala High Court stressed on the need for empathy when dealing with such cases.

Justice Devan Ramachandran, who was part of the Division Bench hearing the person's petition, orally observed that the police, who had a "great role" to play during this time, had to act with empathy.

He went on to state, "We understand second wave is going on, we know that people are still violating it, a small minority is, but you cannot use police force."

Speaking for the Bench that comprised of himself and Justice Dr Kauser Edappagath, the Court underscored that the allegations certainly had to engage the attention of the State Police Chief.

The Court however, did make it clear that it was not venturing opinion on the allegations itself.

Accordingly, the State Police Chief was directed to place on record a report on the veracity of the allegations.

"We do not for a moment say, at this time, that the allegations of the petitioner are true; but we are certain that if they are, then it requires apposite reaction from the State Police Chief," the Court states in its order.

The petition was filed by one Vaishak, a driver at Munnambam in Ernakulam. He was apprehended by police when he removed his mask while speaking to someone on the phone on the way to work.

CASE: Vaishak T v. State Of Kerala

COUNSEL: Advocates MB Shyni and Prashant KT for Vaishak

Click here to download the Order

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