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The SC upheld the conviction of some police officers, who have been accused of custodial torture, which resulted in the death of a man. It further emphasized on the need to develop and recognize the concept of democratic policing so that the focus can be shifted both on crime control and means to achieve this order.It has been stated by the bench that it is important for the police force to develop such concept and that due to the turn of the events, the court has further observed that ‘be you ever so high, the law is always above you’.
In the present case, the Maharashtra Police arrested one Joinus, a theft suspect at midnight. It has been alleged that the police officers tied Joinus to an electric pole and was beaten by police officers with sticks. He was beaten while being taken to various places. Afterwards, he was locked up in the jail and was found dead the next day.The trial court convicted the police officers and imprisoned them for up to three years. The HC upheld the conviction under Section 330 Indian Penal Code.The issue that whether the incident amounted to murder under Section 302 IPC, was raised. The SC held that there is no link between the injuries caused to the deceased by the officers and the death.
Meanwhile, the proceedings against the first police officer terminated due to his death. The other accused pleaded that they were executing the orders of the first accused. The bench held that it is necessary to prove that the orders given by the first accused were legal. The bench further added that the argument is taken only before the SC and thus such an attempt to seek re-trial cannot be considered. The SC slammed the police due to its act of lawlessness as the deceased person was different than the one they wanted to investigate. It added that the motive of the police to implicate Joinus of the crime which was alien to him, was not even benefitting the police officers and also the manner in which Joinus was arrested during midnight, highlighted that the basic rights of the citizen have been ignored. Therefore, the action of the accused was declared as mala-fide.
The SC while enhancing the punishment to imprisonment of seven years, said that the police is primarily responsible for the protection of law while in the present case, they violate the law and therefore, the punishment imposed must be stringent so as to leave a deterrent impact on the society. The motto of Maharashtra State Police and the duty of the police was also highlighted by the Bench.
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