PIL for guidelines to ensure that Police do not infringe human rights during COVID-19 Lockdown: Madras HC issues notice

The Madras High Court has issued notice in a plea seeking the issuance of guidelines to ensure that the police do not infringe on human rights amid the lockdown in place to curb the spread of COVID-19 (Mohamed Ghouse v The Principal Secretary to the Government, TN and ors). .The matter was taken up via video conferencing yesterday by a Bench of Justices Dr Vineet Kothari and R Suresh Kumar. .Read the order:.The Court, in turn, tagged the PIL with another similar matter for directions that the authorities not to harass or punish those who venture out without deviating from the Government's lockdown order, guidelines and the limits of the Section 144, CrPC order issued (ML Ravi v. Chief Secretary, Govt of Tamil Nadu and ors.).When that matter was taken up last Monday, Additional Advocate General Aravindh Pandian had told the Court that any 'excesses' alleged on the part of the Police were exceptions and that the Police was taking all measures necessary to protect the lives of citizens in Tamil Nadu. .The Court at the time refused to pass any orders given that only certain photographs, bereft of details on specific instances, were submitted concerning the alleged excesses and harassment meted by by the State Police amid the lockdown. However, the Bench added, ."... but we expect the Police Administration to adopt a Balanced and Humane approach in this matter, since the emergent situation on account of Corona or COVID-19 is a very unique kind of problem and large scale problem which the State as well as people at large have to face and therefore the Police Administration should adopt a sympathetic, balanced and humane approach towards the people."Madras High Court.The Court had added a cautionary note that people ought not to come out of their homes during the lockdown, save for emergency purposes or to procure essential supplies. In this regard, the Bench also clarified, "in case of the people coming out of their house, during this lockdown period, without a reasonable cause, the State Administration can take safety measures to prevent such exodus and the spread of such possible health hazards, not only for the people coming out but to others as well.".Notice returnable for four weeks has been issued in the matter, with a direction for the submission of a report on the alleged violations, cases booked and actions taken by the State Administration. .Read the Order: