The High Court of Karnataka on Monday directed the Director-General and Inspector-General of Police (DG&IGP) to issue a circular to all police personnel in the State, on the lines of the instructions issued by the Bengaluru Police Commissioner urging personnel to restrain from using lathis and to behave with courtesy and patience with citizens while enforcing the lockdown.
However, the court made it clear that citizens also must follow the lockdown directions, including the restrictions on movement, issued by the State and Union governments.
A special Division Bench comprising Chief Justice Abhay Shreeniwas Oka and Justice B.V. Nagarathna issued the direction when video clippings of police excesses and lathicharge were brought to the notice of the court. The Bench was hearing PIL petitions on issues that have cropped up owing to the measures taken to prevent the spread of COVID-19 in Karnataka. The hearing was held as a videoconference, with advocates arguing from their private locations.
Advocate-General Prabhuling K. Navadgi and additional government counsel Vikram Huilgol pointed out to the Bench that the Bengaluru City Police Commissioner had already issued instructions to the civil police to leave lathis in police station and asked the reserve police personnel to use lathis only if necessary for bandobust. A copy of the instructions issued by the Police Commissioner was submitted to the court.
Following this, the Bench directed the DG&IGP to issue a similar circular to the police force in the State so that instances of police excesses stop. It also directed the State to file its response to the incident in which the police opened fire on a person who had assaulted them when they were enforcing lockdown at Sanjaynagar in Bengaluru city.
On prisoners
The Bench also directed the State to take steps, as per the apex court’s recent directions, for releasing eligible undertrials (on interim bail) and convicts (on parole) to decongest prisons.
The Bench also directed the government to ensure that prisoners, on their release on bail or parole, do not suffer or end up staying on the streets, but safely reach their homes. It directed the government to ensure that the police do not arrest anyone unnecessarily.
