Employees Welfare Association, Dayanand Medical College and Hospital vs State of Punjab and Others

Sanjay Kishan Kaul, C.J.—These petitions arise from the action taken by the State Police ostensibly under the garb of the order of this Court in CWP No. 10617 of 2002. There was apparently some dispute between the Management and the employees of Dayanand Medical College and Hospital, Ludhiana and directions were passed for police assistance for enforcement of orders passed by the civil court so that the ingress and egress to the hospital was not obstructed and the treatment of patients especially in emergency is not jeopardized. The allegation is that at site the matter was aggravated and in the exchange between the charging policemen and angry mob, a large number of innocent people, shopkeepers and passersby also got hurt in stoning and tear-gas attack. The incident received the adverse press with allegation of retaliatory action by policemen targeting even nearby houses.

In these petitions, the prayer made is for an independent investigation into the incident.

Learned counsel for the petitioner fairly states that there has been no listing of cases for almost 11 years now largely on account of no one contacting the counsel. Unfortunately, the matter has also remained unattended by this Court.

The cases really are of prima-facie excessive force by the police. It is trite to say that controlling law and order is a very important aspect of police action and expertise. The police is not expected to retaliate in the same manner as a hostile crowd and has controlled the agitation by anticipating the problem at hand. The photographs annexed to the petition do suggest that the situation was permitted to go out of hand causing injury even to women. In fact, the State Government of its own should have investigated into the matter to pin point the lapses but nothing has been placed before us in this behalf.

Passage of time of 11 years is clearly fatal to the matter in issue because the persons, who could have deposed to the incident, may or may not be available and even if available, time period would fade their memory. An accurate picture emerging thus is a very doubtful preposition.

We thus, have no option but to put an end to the matter but with the hope that such incidents do not arise in future and wherever they so arise, enquiry must be held forthwith to pin point the responsibility of aggravation of incidents whether of police force or individual. The expertise of the police force also comes to test in controlling law and order in such a situation, which is an important aspect of policing. These writ petitions accordingly stand disposed of.