Justice Ujjal Bhuyan attached to the Supreme Court (SC) as a judge on Friday criticised the alleged excesses used by police against protestors at Delhi’s Jantar Mantar in July this year, opining that it was ‘very, very distressing’ to see young Indian Police Service (IPS) officers assaulting the agitators.

Addressing the launch of a book titled ‘Policing The Republic’ on Friday, Bhuyan said the detachment expected from police officers appeared to be disappearing, terming the development a ‘matter of grave concern.’

“Cops must maintain their credibility”: Bhuyan

Bhuyan said, “All of us are dismayed when we see young officers of the Indian Police Service personally going and assaulting protesters and demonstrators. This is something very, very distressing to observe.”

He went on to say, “The detachment expected of police officers somehow seems to be disappearing, and this is indeed a matter of grave concern.”

He underscored that effective policing does not require use of excessive force or violations of human rights. He pointed out that police are often the most visible representation of state authority for ordinary citizens and, therefore, must retain public trust.

Cops thrashing a protestor during the Jantar Matar agitation

He said, “For most common people, a policeman on the street wearing a whistle and a lathi represents the power and authority of the state. When they feel wronged, they seek the help of the police. It is, therefore, of utmost importance that the police force maintains its credibility.”

Panel from top court to examine use of alleged excessive force

A panel, headed by former judge of the top court, Justice R Subhash Reddy, shall examine allegations involving lathi charges, tear has, pellet guns, electronic batons and targeted harassment or molestation of female protestors.

Moreover, it shall also review CCTV footage and videos of the clashes.

Justice Bhuyan furthermore expressed concern over the rising instances of custodial torture and deaths, calling custodial death one of the worst crimes in a civilised society governed by the rule of law.

He said any torture or cruel, inhuman or degrading treatment violates constitutional protections, whether it took place during the probe, interrogation or otherwise.

‘Encounter Philosophy is a criminal philosophy’

Justice Bhuyan warned that when government functionaries themselves break the law, it can fuel contempt for the legal system and encourage lawlessness. “If the functionaries of the government become lawbreakers, it is bound to breed contempt for the law and will encourage lawlessness. No civilised nation can permit that to happen. Does a citizen shed his fundamental right the moment a policeman arrests him?” he asked.

He also criticised extra-judicial killings, commonly referred to as “fake encounters”, noting that the Supreme Court has taken a serious view of such cases. Referring to a 2011 judgment, Justice Bhuyan said the court had held that fake encounters “nullify the very essence of the rule of law”.

“Encounter philosophy is a criminal philosophy. It cannot be a part of policing,” he said.