CJI for special panel to probe ‘atrocities’

Chief Justice of India has mooted to form a Panel headed by High Court Chief Justice to probe any complaint received from Common man of “atrocities” committed by the bureaucracy, especially police officers.

Need for Such a Panel

• Police have been in the spotlight for committing serious crimes:
• Gorakhpur (UP): The police officers in Gorakhpur in Uttar Pradesh have been accused of causing the death of a businessman during a raid in a hotel.
• Thoothukudi (Tamil Nadu): Nine policemen were involved in the custodial deaths of the father-son duo P. Jayaraj and J. Benicks for violating Covid19 Curfew in June last year.
• According to the 3rd National Police Commission report 60% of all arrest made by police is unnecessary.
• The politicization of Bureaucracy: It is one of the main reason for increasing atrocities towards public by public officials. Bureaucrats and especially Police officers find themselves being targeted by the new government. This impacts their efficiency, trust, and impartiality in the system. CJI made the oral observation that Bureaucrats act with impunity with one government but have to “payback with interest” when there is a regime change.
• Atrocities by Police have emerged as human rights concern as it:
• Against Fundamental Rights
• Article 21: Custodial violence is against the fundamental right to life and dignity.
• Article 20(3): Adopting third-degree tortures and methods to extract the information from the accused is in clear violation of Article 20 (3) of the Constitution of India.
• Article 22: Right to counselis also a fundamental right under Article 22(1) of the Indian constitution, but custodial violence violates it.
• Violates Article 5 of the Universal Declaration of Human Rights: No one shall be subjected to torture or cruel, inhuman, or degrading treatment or punishment.

Challenges in curbing the misuse of power by Bureaucrats:

• India also does not have an anti-torture legislation.
• Police force lacks accountability and impunity: Only the executive can sue a police officer and any inquiry against the officer need prior government approval.
• Underfunded, under-trained and understaffed Police force.