Constitute a Committee to prevent Communalism within Police Force; PIL Filed in MP High Court.
(Judicial Quest News Network)
A plea is filed in Madhya Pradesh High Court seeking to constitute a special Committee to prevent the rising “Communalism” in the law Enforcing agency (Police Force) in the State of Madhya Pradesh and every state of the Country.
In view of the inappropriate, Communal behavior of the Police in taking action against the incident that took place during the COVID-19 Lock down this instant petition is filed says the petitioner.
The Petitioner been an acute diabetic and blood pressure patient for the past 13 years and is dependent on medicines for maintaining is health. on March 23 the Petitioner was not feeling well, so he decided to visit the hospital and get his medicines, on March 23 between 5.30 and 6 pm, the Petitioner was on his way to the hospital when he was stopped by the police personnel who is Respondent No.2. On March 23 Section 144 had been imposed in Betul district by the orders of Executive Magistrate.
That when the Petitioner insisted on going to the hospital Respondent No. 2 started beating him, seeing that the mob of police personnel present at the Lalli chowk started beating the Petitioners along with the Respondent No.2.
It is submitted that the Police have admitted that the appearance of the Petitioner is such that he sports a long beard because of the appearance of that the Respondent No.2 mistook him for a Muslim man and beat him as Respondent No.2 is prejudiced against Muslims and hate them.
They told the Petitioner that assault was a mistake on the part of the respondent and the police personnel who beat the Petitioner they thought that the Petitioner was a Muslim because of his beard they further told that that police generally support the Hindus in a situation of communal riots. The Petitioner clarified that there was no Hindu-Muslim riot in the city on 23-03-2020 and asked whether he was beaten for being wrongly identified as a Muslim. The Respondent No.4 and No.5 told the Petitioner that;
The petitioner had repeatedly informed to the Police that he is a practicing Advocate and knows the law asking the Police to be in their Constitutional limits, despite responding to this the Police official verbally abused the petitioner and the Constitution.
It is further submitted that on a later date 2 police men Namely BS Patel Souni and Raghuvanshi visited the petitioner’s house on the pretext of recording his statement about the incident but, they instead tried to manipulate the petitioner by Urging him to take back his complaint.
The petitioner has also complained about the incident to the Superintendent of Police, Betul District and Sent the copies to DIG, Police, IG Police, District Bar Association, National Human Rights Commission and to Chief Justice of India.
Petitioner contended that Police have acted in Violation of Article 15(1) of the Constitution and have constituted offences under Section 323,324,341,293 and 501 of IPC.
“there has been growing incidents of police brutality in the state and country and with the facts it is clear that there is communal elements present in the police force, police force as an instrumentality of state has to uphold the constitutional values and discrimination on the basis of religion by the police is against the mandate of the constitution of India, under no circumstance state instrumentality cannot violate article 15 that is guaranteed by the Constitution of India.”
The petition is filed by one Mr. Deepak Bundela, a practicing Advocates of the High Court through Advocate Ehtesham Hasmi.
It is prayed in the petition that:
To constitute a committee addressing the concern of communalism in the police force.
To constitute police complaint authority in the state.
