Policing Must Uphold Rights, Not Force: Supreme Court Judge on Jantar Mantar Action

Supreme Court judge Justice Ujjal Bhuyan has voiced strong disapproval of police conduct during recent student demonstrations, stating that the expected detachment of officers appears to be eroding. Speaking at the launch of a book by retired IPS officer Yashovardhan Azad, Justice Bhuyan said it was deeply distressing to witness police personnel personally assaulting protesters.

He emphasised that effective policing should not rely on excessive force or the violation of human rights. For most citizens, the police represent the authority of the state, and maintaining public trust is crucial. "When they feel wronged, they seek the help of the police. It is, therefore, of utmost importance that the police force maintains its credibility," he remarked.

The comments come amid widespread criticism of the police and paramilitary response to the CJP protests. The Supreme Court has constituted a high-level panel, led by former judge Justice R Subhash Reddy, to investigate allegations of excessive force by Delhi Police during the July 20 student protests at Jantar Mantar and the subsequent march to Parliament. The panel will examine complaints of lathi charges, use of tear gas and pellet guns, and reports of harassment of female protesters.

Justice Bhuyan also addressed the issue of custodial violence, calling custodial death one of the worst crimes in a civilised society. He warned that when government functionaries break the law, it breeds contempt for the law and encourages lawlessness.

Referring to extra-judicial killings, he cited a 2011 Supreme Court judgment that stated fake encounters nullify the essence of the rule of law. "Encounter philosophy is a criminal philosophy. It cannot be a part of policing," he concluded.