PRAYAGRAJ: The Allahabad high court on Friday directed the state government and UP Police to ensure fair investigation in a matter of alleged humiliation and brutal torture of an ex-soldier by the cops in Lakhimpur Kheri, observing, "Harassment of a common man by public authorities is socially abhorring and legally impermissible. It may harm him personally but the injury to society is far more grievous."
While directing the state government to take immediate action in accordance with law against the accused policemen, the court further observed, "An ordinary citizen or a common man is hardly equipped to match the might of the state or its instrumentalities. A public functionary, if he acts maliciously or oppressively and the exercise of power results in harassment and agony, then it is not an exercise of power but its abuse. No law provides protection against it. He who is responsible for it must suffer it. But when it arises due to arbitrary or capricious behaviour then it loses its individual character and assumes social significance."
Allowing a writ petition filed by Resham Singh, an ex-soldier of the Indian army alleging humiliation and brutal torture by the UP Police, a division bench comprising Justice Surya Prakash Kesarwani and Justice Piyush Agrawal directed the state government to conclude the investigation and departmental proceeding expeditiously, preferably within three months.
The order also noted that though some action was taken against the accused policemen on the administrative side, the preliminary inquiry report directed by the superintendent of police has not yet been submitted even after three months.
"This, prima facie, indicates casual, illegal and arbitrary approach of the respondents for the reasons best known to them," the court stated.
On May 2, the armyman Resham Singh, along with his mother and two sisters was going from Pilibhit to Lakhimpur Kheri when they were stopped by the police officials at around 9am. The police then asked for the papers of the car in which they were travelling.
Allegedly, since it was taking some time to sort out the papers, the police officials abused the victim and his mother and two sisters. The victim asked the police officials to not abuse them and also informed that he was a retired member of the armed forces.
This infuriated the police who threatened the victim and his family members that they will teach them a lesson for life. They then started abusing and beating the victim with lathis. Allegedly, the police officials also beat his mother and sisters and took them to the police station without taking the assistance of any woman police officer.
The petitioner alleged that at the police station, the victim was disrobed and tied on a cot and brutally beaten up by the said police officials for two continuous hours. They also gave him third degree torture only to satisfy their ego, the petitioner alleged.
Thereafter, he lodged an FIR against the erring officials and took treatment in the army hospital. A video of the said incident had gone viral on social media.
