Skip to content Skip to navigation

Lock down or lock up! Brimful misery for commoners

New Delhi: The nation wide lock down is more a reign of terror and less a measure to keep a virus at bay if a section of the observation of a country's legal fraternity is to be believed.

Be it in the case of police excess or the absence of essential commodities, the 21 days Pan India lock down seems to have been crushing the spine of millions of the people living in abject penury across the nation life never before. 

The worse has yet to come. This has forced a New Delhi based lawyer to write to the Chief Justice of India for immediate intervention before the situation goes from bad to worse.

Here is the letter of Gaurav Jain,  the lawyer, who has been relentlessly confronting with a set of  "anti people" policies, for the last couple of years. 

Gaurav Jain, lawyer
Gaurav Jain, lawyer 

---------------------------

To,
The Hon'ble Chief Justice of India,

I am Gaurav Jain, an Advocate enrolled with the Bar Council of Delhi. And as an officer of the court, I consider it my duty to bring to your notice a grave Injustice happening at this very moment on such a massive scale that if left unchecked, it will grow so big and scary, that it will be extremely difficult to contain it later. It's only the 3rd day of the pan-India Lockdown and if we do not act now, more people will succumb to this evil than Corona Virus in the remaining 18 days.

The evil I am talking about is : Police Brutality.
In their over-enthusiasm to strictly enforce the "janta-curfew" and now pan-India Lock-down, police officers, of almost all states and UTs, are mercilessly beating people they find on the road without first asking - even once - the reason why they had to step out of their homes.

Many people, involved in the essential services have to bear the brunt of this callousness and heavy-handedness of the police. It so happens that most of these people are from the lower-middle class and the class below it.

Agreed that the lock-down has been declared by the PM to take on the COVID-19 Pandemic and it's important that everyone cooperates for it to succeed but that does not give Police the license to resort to such barbaric cruelty and unleash such shocking violence on people who may have very genuine and pressing reasons to be out.

By swinging its Lathi before even hearing the other person, the police may succeed in enforcing this lock-down but it will also succeed in demolishing the Rule of Law, the Principles of Natural Justice and people's fundamental right to live with dignity. I don't think you can ever let this happen.

And here's a basic question: what's the point of publicly beating, even killing, someone to 'save' him from Corona Virus? Reports are surfacing that a person from West Bengal has died after allegedly getting beaten up by the police. His crime : Stepping out of house to buy milk.

Hundreds of videos which are mushrooming on social media demonstrate the blood-curdling brutality of police being unleashed on ordinary people all over India. The intensity and scale of this violence is shocking, which cannot truly be described in words. And that's why I thought it wise to attach a small sample of videos with this mail so that you can see it yourself. (please find annexed Six Twitter video links)

What will truly shock the conscience of the court - it did shock mine - is the fearlessness and utter nonchalance with which these police officers are going about thrashing people. To do so in these times and age when there is a camera in every person's hand, one really needs to be completely convinced that there would be absolutely no consequence to one's actions.

While I certainly don't want a coward police force, I definitely want this much fear in their hearts that they know that if they commit a crime and that crime is captured on camera, they WILL have to face severe consequences; more severe than an ordinary person.

This 'virus' of violence has infected virtually all police forces across India, and the officers deployed on the ground are in 'serious condition'. There is a need to immediately sensitize them on what role they have to play as a responsible public servant, before they lose all perspective and cause irreparable loss of human-lives and state's credibility.

Therefore, I would request you to take suo-motu cognizance of this extremely critical matter. You are humbly requested to urgently issue strict orders/directions to the Home Minister of India, all Chief-Ministers and the DGPs/CPs of Police Forces of all the States/UTs to warn their officers on ground to immediately cease and desist from unnecessarily beating people in the streets and resorting to any cruelty during this lockdown period. They should also be sensitized about their role and explained the importance of kindness and empathy.

Sure, sometimes police is constrained to use force/violence but if found involved in any incident of brutality or unprovoked/disproportionate use of force, the officer will have to face steep financial as well penal consequences. I leave it to the wisdom of Your Honour to include things in the order so that a strong deterrence can be created for these errant officers who see a global emergency as an opportunity to unleash their evil side of personality.

So far, our judiciary has led India's fight against coronaVirus. And therefore I am extremely hopeful that you will, once again, come to the rescue of millions of innocent poor and middle class people who are not only up against a deadly virus but a brutally violent police force. Usually police is their first line of defense. But in this case, you are their first and probably the last hope.

Cordially,
Gaurav Jain
 

Comments

Dr Krishna K Prasad's picture

Yes, it is happening, but will such a ruling by SC really work in the present pendamic situation and too amidst the present arena of unprecedented unique sort of power game ?

Pages

Add new comment

Other Contents by Author

KOHIMA: NDPP legislative party leader   Neiphiu Rio on Sunday called on Governor PB Acharya and staked claims to form the government a day after the new regional party and BJP came close to the magic mark.    The Governor asked the NDPP leader Rio to submit signatures of all the 32 MLAs supporting him by Monday to take a final conclusion on the formation of the new government in the north eastern state.  NDPP and BJP have won 30 seats where JD(U) MLA G Kaito Aye and Independent legislator Tongpang Ozukum announced support to Rio and his party.
 Kokrajhar: A total 32 couples from Santhali community from different villages of Kokrajhar have tied the knot at a same function on Sunday showing the unity of the poor people who otherwise would have found it difficult to do it.  Manzhi Porgana Baishi, Gaurinagar in Kokrajhar district organized the functions where hundreds of people from different areas thronged the venue to witness it.  BTC executive members Doneswar Goyary, Rajiv Brahma, social activist Sudang Brahma were prominent attendees on the occasion.
BABUL GOGOISHILLONG: A non Congress coalition government is set to be installed in Meghalaya. UDP legislative meeting which took place on Sunday morning at Donkuper Roy’s residents in Shillong announced support to NPP to form the government.NPP chief Conrad Sangma accompanied by his legislators and their UDP and BJP counterparts are  meeting governor Ganga Prasad on Sunday evening to stake claim to form the government with Conrad as chief minister. The high voltage development took place a day after Congress got 21 seat, NPP 19, BJP 2 and UDP 6 seats with six independents who wants non Congress government in the state.
Kokrajhar, Mar 3: An unidentified body struck no less sensation in Kokrajhari on Saturday after somebody dumped it in the evening. Local residents in Ward No 19 told Assam Times that they spotted the body at 5.45 in the evening which they suspected to have seen after somebody dumped in the area. Police came to the spot and recovered the body which might be of 50-52 years old. Police investigation is going on.
SHILLONG: Meghalaya’s power plays draws no less attention of the political strategies since Congress is emerging as the single largest party even after it falls short of nearly 10 seats to cross the magic 31 mark.But BJP which will has to remain satisfied with two seats in the Christian dominated state pins hopes on the support of NPP and UDP to unseat the ruling Congress.   Now the focus falls on the independent candidates who have become the target of both Congress and BJP. BJP leader and master strategist Himanta Biswa Sarma is waging a slew of option to install a non Congress coalition government. AICC has also sent senior leaders Kamal Nath and Ahmed Patel to help the party...
KOHIMA: BJP-NDPP alliance is in a mood to wrests power from NPF in Nagaland with 33 seats towards the end of vote counting in the north eastern state on Saturday. The ruling Naga People’s Front (NPF) led by chief minister TR Zeliang had to remain satisfied with 24 seats leaving no space for Congress in the 60 member assembly where voting took place on Tuesday.   NDPP president and chief ministerial candidate Neiphiu Rio has already been declared uncontested from Northern Angamai-II seat. Others are set to get three seats in the assembly polls. Nagaland’s assembly polls assumed significance since all major political parties and leaders have defied the diktat of the civil society...
PRASENJIT SAHA AGARTALA: Setting at rest an era of anxiety the 20 year Left Fort collapses like a pack of cards in Tripura as the vote counting in the evening. Now BJP’s lotus blooms brightly in yet another north eastern state. With a landslide victory, a resurging BJP- IPFT alliance is preparing to form the government in the state in a couple of days allowing the Left Front to e decimated. The alliance has wrested 41 seats, ten more than the magic mark 31.          Initially, Left and BJP-IPFT alliance moved neck and neck putting both the camp in deep dilemma which did not last long as after a couple of rounds BJP took an unstoppable lead weakening...
PRASENJIT SAHAAGARTALA: Left regime is set to collapse in Tripura if the early trends of vote counting is any indication. BJP and its allies are taking a comfortable lead in as many as 35 seats slamming the ruling CPM to a the second position to take lead only in 20 seats till 11.30 noon.
MARCUS KANYAKKOHIMA: The ruling NDPF in Nagaland is facing a close fight with NDPP as counting of votes is under way  in 17 centres across the north eastern state. According to an updated trend, the new regional party is leading in 31 seats of 59 seats in the 60 member assembly where polling took place on February 27. The ruling NPF has slammed to second position till 11 in the morning. Amid an unprecedented security measures counting of votes begins in Nagaland on Saturday morning simultaneously along with Tripura and Meghalaya. Altogether 227 candidates are contesting the election for 59 seats while NDPP leader and chief ministerial candidate Neiphu Rio has been declared...
MARCUS KANYAKKOHIMA: The ruling NPF in Nagaland is taking an early lead and if this trend continues the regional party will retain power in the north eastern state where counting of votes is underway in 17 centres across the state. According to an updated trend, the ruling party is leading in 30 seats to be followed by NDPP in 24 seats in 59 seats in the 60 member assembly where polling took place on February 27. Amid an unprecedented security measures counting of votes begins in Nagaland on Saturday morning simultaneously along with Tripura and Meghalaya. Altogether 227 candidates are contesting the election for 59 seats while NDPP leader and chief ministerial candidate Neiphu Rio...