Allahabad High Court seeks action against police personnel involved in custodial violence of man arrested for illegal parking

The Allahabad High Court recently directed action against erring police personnel accused of subjecting a boy to violence while in custody over a matter related to roadside parking. [Rajat Bajpai v State] .Justice Sangeeta Chandra and Justice Narendra Kumar Johari also expressed concerns about non-functional CCTV cameras in police stations in the State and instructed the police department to address this issue.Regarding the CCTV footage of concerned police station, the Court observed that the enquiry officer had discovered that the bullet cameras within the Police Station were non-functional."We have been informed that Director General of Police has issued orders that all the police stations be covered by CCTV cameras, but this is the second incident in the capital city of the State of UP where the police has informed this Court that CCTV cameras were not working at the relevant point of time and have not been working for quite some time. It is a matter of great concern and this kind of report of police cannot be appreciated at all,” the Court said.Hence, it directed the State to submit a comprehensive counter affidavit detailing the actions taken against the police personnel involved and the status of CCTV functionality in the concerned police station."This Court however hopes and expects the respondent no.3 to take suitable action against all police personnel found involved in custodial violence. He shall also take corrective measures with regard to the report of CCTV cameras not working in the police station concerned also and submit his report by the next date of listing," the Court ordered..The Court was hearing a plea by one Rajat Bajpai alleging that he was severely beaten by the police after his two-wheeler was discovered parked on the road causing traffic obstruction. The plea requested action against the police officers involved.During the previous hearing, upon observing the injuries sustained by the victim, the Court had ordered a medical examination. Thereafter, on August 17, the Court received the medical report which indicated that the injuries were a result of physical assault.The Additional Commissioner of Police after reviewing mobile and video recordings collected from independent witnesses, concluded that an altercation over motorcycle parking led to Rajat Bajpai being taken by police personnel to the police station. .It was also opined that because of the petitioner sitting on Dharna on the road and being forcibly taken in a police vehicle, the victim received injuries on his legs due to friction/ skirmish.Nonetheless, the Court found the opinion provided by the Additional Commissioner of Police unsatisfactory as there was contrast between the medical reports, which indicated injuries caused by a solid and blunt item, and the contention of physical assault.“Friction cannot cause contusion as has been reported by the two medical officers concerned,” the Court said while rejecting the argument of the Additional Commissioner of Police.Further, the Additional Commissioner of Police has not expressed any opinion at all about the possibility of these two constables beating up the petitioner, the Court noted."He has only stated that it was not proper for them to have taken out the petitioner,” the Court said..Additionally, the Court noted that the constables were not individually included as respondents in the present petition. Therefore, it ordered that they be made parties to the matter and fixed case for hearing next on September 20.Advocates PRS Bajpai, Abhishek Yadav, Anand Mani Tripathi, Harsh Tripathi, Manoj Kumar Mishra and Ravindra Bajpai represented petitioner..[Read Order]