Section 144: Madras high court wants 'humane approach'

TNN | Mar 31, 2020, 07.20 AM IST

CHENNAI: Desisting from passing any orders on a PIL that alleged 'police excesses' on people and motorists on roads, the Madras high court has said it did not expect people to come out from their houses unnecessarily during the lockdown period. It, however, counselled police to "adopt a sympathetic, balanced and humane approach towards the people."

A division bench of Justices Vineet Kothari and R Suresh Kumar, hearing the proceedings through a videoconferencing app on Monday, and concurring with the submissions of additional advocate-general P H Arvindh Pandian, said: "We do not expect people to come out from their houses unnecessarily during the lockdown period, but in cases of emergency situations like for medical requirements or supply of essentials like foodgrains, they may approach the authorities concerned and ask for permit and get help from them, for which the administration is expected to extend all necessary help."

In case people come out of their house during the 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, the court said.

TN directed to appoint nodal officer, file status report on violations

The bench then directed the authorities to file a report on the alleged violations, cases booked, and action taken in two weeks.

It added that the state should appoint a nodal officer not below the rank of deputy tahsildar with published mobile and landline number at each revenue block level in the state for this purpose.

The bench passed the interim order on the plea moved by advocate M L Ravi seeking a direction to the DGP to issue proper direction to not harass / punish people who venture on roads without deviating from the order and guidelines issued under Section 144 of CrPC.

When the plea came up for hearing, Arvindh Pandian submitted that police were taking all possible measures and steps to enforce the lockdown and Section 144 orders imposed by the administration, so that the life of the citizens is not put to risk. Therefore, the cases of alleged police excesses and non-implementation or harassment are only exceptions and may not be correct, he added.

Recording the same, the bench said, “Since no specific instances of the alleged police excess has been pointed out, barring few photographs which have been annexed with the petition, the court would not like to pass any specific direction to the state or the police in this regard, but we expect the police to adopt a balanced and humane approach in this matter, since the emergent situation on account of 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.