Take immediate action against police in jawan ‘torture’ case: Allahahad HC
The Hindu
He accuses police of not fairly investigating the matter
The Allahahad High Court on Friday directed the Uttar Pradesh government to take immediate action as per law against the policemen accused of assaulting and torturing a former armyman in Pilibhit district in May. It also asked the State to conclude the investigation and departmental proceeding expeditiously, preferably within three months, while ensuring a fair probe into the charges levelled by victim Resham Singh as well the FIR lodged for ‘violating COVID-19 protocol and using force against officials to deter them from carrying out their duty’.
An ordinary citizen or a common man is hardly equipped to match the might of the State or its instrumentalities, the court stated as it passed the order.
“A public functionary if he acts maliciously or oppressively and the exercise of power results in harassment and agony then it is not an exercise of power but its abuse. No law provides protection against it. He who is responsible for it must suffer it. But when it arises due to arbitrary or capricious behaviour then it loses its individual character and assumes social significance,” a division bench of Justices Surya Prakash Kesarwani and Piyush Agrawal said.