Police excesses a threat to democracy, says HC, Legal News, ET LegalWorld – Legal Firms


CHENNAI: Excesses by men in uniform is a grave threat to democracy, the Madras high court has said, initiating a suo motu contempt proceedings against at least 11 police personnel, including the director-general of police.

“Any growing trend of indiscipline in the uniformed services, at no circumstances be tolerated by the state. Indiscipline amongst the uniformed services is a greater threat to democracy,” Justice S M Subramaniam said.

The issue relates to a November 2015 incident when a human rights advocate, S Rajarethinam (since deceased), was arrested at midnight in violation of all norms. He had to be admitted to a government hospital where he underwent treatment for 23 days. He moved the HC for a direction to the home secretary and the DGP to place police officials Arun Sakthi Kumar, Kumar, Vimal Kumar and Mohammed Samseer under suspension.

Justice Subramaniam said illegalities by law enforcing authority would have serious repercussionson fundamental rights ensured to every citizen under the Constitution.

Though the police officials were suspended initially they were later reinstated into service and one among them was allowed to retire from service in 2019, the lawyer alleged.

Recording the submissions, Justice Subramaniam pointed out that though departmental disciplinary proceedings had been initiated in 2017 itself, no progress was made in respect of the departmental disciplinary proceedings for the past 5 years.

No charge memo under the Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules were issued and no final order has been passed. A mere warning memo was issued, the judge said.


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