The Kerala High Court on Monday took suo motu cognizance of reported instances of police excesses against citizens in the course of enforcing the nation-wide lockdown to curb the spread of the Novel Coronavirus (COVID-19).
The Bench of Justices AK Jayasankaran Nambiar and Shaji P Chaly reiterated that the fundamental right to life and personal liberty under Article 21 of the Constitution of India cannot be suspended even during an emergency.
The Court noted that while there is an abundance of material to show that exemplary work is being done by health authorities as well as by the police personnel to “break the chain” of viral transmission, there are also concerning reports that would point to excesses committed by the police personnel in the course of discharge of their duties.
The Bench Noted “… we cannot turn a blind eye to some of the other material that has been published in the print, electronic and social media in the past week, that would point to excesses committed by the police personnel in the course of discharge of their duties. We have also to allay the fear amongst the citizenry as regards infringement of their fundamental rights.”
The Bench While registering a Suo Moto cases Has held, “We are therefore of the view that the implementation of the lockdown in this State, by the Central or State authorities, must be under the watchful eyes of the Judiciary and, towards this end, we deem it appropriate to institute this suo motu proceedings to monitor State action during the lockdown period.”
Notice has been issued to the State of Kerala, the State Home department, The State Police Chief and the Union Home Ministry. The matter will be taken up through video conferencing.
Read the Order here :
