Supreme Court Justice Ujjal Bhuyan has issued a sharp rebuke regarding the conduct of police officers during recent student protests in New Delhi, describing the use of force as "very, very distressing." Speaking at the launch of a book titled 'Policing the Republic' by retired IPS officer Yashovardhan Azad, Justice Bhuyan expressed concern over the apparent erosion of professional detachment among law enforcement personnel, particularly when young officers are seen personally assaulting demonstrators.
The judicial criticism follows widespread public and legal scrutiny of the Delhi Police's handling of student demonstrations at Jantar Mantar and the Parliament march on July 20. The Supreme Court has since intervened by establishing a high-level investigative panel, led by former Supreme Court judge Justice R Subhash Reddy, to probe allegations of excessive force, including the use of lathi charges, tear gas, and pellet guns, as well as reports of targeted harassment against female protesters.
Judicial Concerns Over Policing Standards
Justice Bhuyan’s remarks highlighted a growing apprehension within the judiciary regarding the loss of public trust in law enforcement. He emphasized that for the average citizen, a police officer represents the authority of the state, and when that authority is exercised through violence, it undermines the credibility of the entire force. He noted that the detachment expected of officers is disappearing, which he characterized as a matter of grave concern for a society governed by the rule of law.
Effective policing, according to Justice Bhuyan, should not necessitate the infringement of human rights or the resort to excessive force. He argued that the police force must maintain its credibility to remain effective, as citizens rely on them for protection rather than fear. The judge’s comments serve as a significant indicator of the Supreme Court's current stance on the balance between maintaining public order and protecting the fundamental rights of citizens during demonstrations.
Investigation Into July 20 Protests
The high-level panel appointed by the Supreme Court is tasked with a comprehensive review of the events that transpired during the July 20 student protests. The mandate of the committee, headed by Justice R Subhash Reddy, includes a thorough examination of complaints regarding the use of electronic batons, tear gas, and pellet guns. The panel is also expected to review CCTV and video footage to verify claims of targeted harassment and molestation.
This investigative effort is part of a broader judicial response to the allegations of police misconduct. The court's decision to form this panel underscores the seriousness with which the judiciary is treating the complaints of excessive force. By reviewing objective evidence such as video recordings, the panel aims to establish a factual account of the clashes and determine whether the police actions were proportionate or violated established legal standards.
Custodial Violence and the Rule of Law
Beyond the specific incidents at Jantar Mantar, Justice Bhuyan addressed the broader issue of custodial torture and deaths, labeling them as some of the most severe crimes in a civilized society. He asserted that any form of cruel, inhuman, or degrading treatment is prohibited under Article 29, regardless of whether it occurs during an investigation or interrogation. He questioned whether citizens forfeit their fundamental rights upon arrest, emphasizing that the state cannot permit such violations.
Justice Bhuyan further warned that when government functionaries act as lawbreakers, it breeds contempt for the law and encourages widespread lawlessness. He stressed that no civilized nation can tolerate such behavior from those tasked with upholding the law. His comments reflect a firm judicial stance against the normalization of violence within the criminal justice system, reinforcing the principle that the rule of law must apply equally to all state actors.
Rejection of 'Encounter' Philosophy
The judge also took a strong stance against extra-judicial killings, commonly referred to as "fake encounters," describing them as a criminal philosophy that has no place in modern policing. Referring to a 2011 Supreme Court judgment, he reiterated that such actions nullify the essence of the rule of law. He stated that any proven involvement of serving police personnel in such incidents must be treated with the utmost seriousness by the courts.
By explicitly distancing the judiciary from the "encounter philosophy," Justice Bhuyan underscored that legitimate policing must remain within the bounds of the law. His remarks at the book launch serve as a reminder of the constitutional obligations placed upon the police force. The ongoing investigation into the Jantar Mantar protests remains a focal point for these broader discussions on police accountability and the protection of civil liberties in India.
