Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Police Reforms - Misconduct by Police officials - Rights of citizens - Writ Petition u/Art.32 of the Constitution |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Police Reforms - Misconduct by Police officials - Rights of citizens - Writ Petition u/Art.32 of the Constitution - According to Petitioners, they had some issues with the Chairman of a medical college and that Police acting under his influence had harassed them - Pursuant thereto, Court issued notice in the writ petition and ordered dasti service to the unserved respondents - Following The direction, the petitioners went to serve notice upon the SHO,but were assaulted by the police officials - Petitioners filed complaint to the Senior Superintendent of Police, who refused to accept the same - Against this, Petitioners filed an application in pending writ petition - Writ petition was dismissed with direction to approach High Court u/Art.226 - High Court dismissed with liberty to the petitioners to file application u/s.156(3) - Order Of High Court was challenged by Petitioners by filing SLP- Supreme Court directed inquiry in the matter - Conduct of the police officials was found to be blemished - Supreme Court directed initiation of disciplinary proceedings against the concerned police officials - Immediately thereafter. Police officials went to the place of the petitioners, to put pressure on them to withdraw their cases;and one policeman again assaulted the petitioners and filed FIR against them u/ss. 324,33213531504 JPC - Held: Police needs to be sensitised about the rights of citizens and the civilised manner in which police is required to maintain law and order - Training of police is required so that use of force on citizens is reduced and Police officials become more sensitive towards them and fulfill their role as protector of citizens - There is also a need to deal with erring police officials by taking stern measures whose actions amount to 'misconduct' or may be 'criminal' in nature - Letting off the erring officials by only administering a warning may not be appropriate as done in instant case - Besides the conduct of police officials, version of the petitioners was also found to be exaggerated, regarding the incident when police had visited and assaulted them, therefore, suspension of police officials not directed- However, after assessing the situation, the FIR filed against the petitioners quashed and direction issued io provide adequate protection to them. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2017 INSC 713 |
Petitioner | Monica Kumar & Anr. |
Respondent | State Of U.p. & Ors. |
SCR | [2017] 8 S.C.R. 550 |
Judgement Date | 2017-08-08 |
Case Number | 27 |
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