Rahul Sensua vs State Of Assam And Anr

Ajai Lamba, CJ

Heard Mr. S. Borthakur, learned counsel appearing for the petitioner. Also heard Mr. D. Saikia, learned senior counsel assisted by Mr. R. Dhar,

learned counsel appearing for the respondents.

The Court proceedings have been conducted by means of creating a Virtual Court with the help of technology, so as to maintain distance between

the staff, Advocates and the Presiding Judge.

Sri Rahul Sensua has preferred this petition in public interest on the premise that the police are resorting to atrocities, torture and assault on innocent

public amidst nationwide lockdown declared for prevention and control of Corona Virus/Covid-19. Some incidents have been cited in the petition, as

reported in the print media etc.

We have heard learned counsel for the petitioner and have interacted with him in regard to the peculiar facts and circumstances the State and the

country is going through. Surely, no country in the world was prepared for such eventuality. Even the western countries have failed in controlling the

spread. Lockdown conditions had to be ordered so as to arrest the spread of the pandemic and the said lockdown can only be enforced through police

force.

We are of the considered view that in the garb of such lockdown, surely innocent public should not be subjected to torture or inhuman treatment,

particularly because at this point in time, the innocent citizens/ordinary persons are highly sensitive and emotionally volatile. Such conditions surely

cannot be aggravated by inhuman treatment given by the public servants. We are also of the view that the police people working on frontline are

facing possible contamination and infection. Their duties, however, demand that they go close to the public, one of whom might be already infected.

We are also conscious of the fact that the police personnel might be working overtime in these conditions.

Be that as it may, without saying anything more, we hereby dispose of this petition with liberty, not only to the petitioner but to any citizen who

notices such inhuman treatment and torture at the instance of public servants, to collect actionable material and initiate individual action against the law

breakers.

Disposed of with the above observation.