Alleged Police Brutality Against Law Student- MP High Court Orders Investigation By State Human Rights Commission

The Madhya Pradesh High Court has directed the Madhya Pradesh Human Rights Commission to investigate the case of alleged police brutality against a law student.

The bench of Justice Vivek Agarwal was dealing with a writ petition filed by the father of a first year LLB student who was allegedly beaten up by the Police.

Advocate Vijay Kumar Shukla appearing for the petitioner contended that the Sub Divisional Officer, District-Hoshangabad had accepted bribe of Rs. two lakh from the petitioner who is a retired railway employee to release his son. It was further submitted that despite the orders of the Court, Police authorities have failed to preserve the CCTV footage.

On the other hand, Shivam Hazari, Panel Lawyer appearing for the Respondents, submitted that the petitioner's son is a 'Nigranisuda Gunda' and 26 cases are registered against him. It was submitted that he was called to the Police Station and was let go immediately.

He submitted that the camera was not working since February 25, 2022.

"Prima facie, it appears to be deliberate act on the part of the authorities in not keeping the CCTV camera functional at the concerned Police Station in violation of the order of Hon'ble Supreme Court in the case of Paramvir Singh Saini Vs. Baljit Singh and others, (2021) 1 SCC 184. Prima facie, it appears to be a case of violation of human rights. Police personnel are behaving irrationally against the oath of allegiance towards the constitution and the constitutional values. CCTV camera is not being maintained properly so to cover up the lapses on the part of the police personnel and cover up the allegations of brutality and bribery.", the Court observed.

The Court directed the M.P. Human Rights Commission to complete its investigation within three months.

"If the allegations made the petitioner are found correct and if it is found that police authorities for no sufficient reasons have failed to maintain CCTV installed at an appropriate place and had committed brutality, then shall also direct the State Government to pay compensation in favour of son of the petitioner.", the Court directed.

The Court also held that the petitioner may approach the Court again if he is aggrieved by the action of the Human Rights Commission.

Accordingly, the petition was disposed of.

Cause Title- Tribhuvan Nath Mishra v. the State of Madhya Pradesh & Ors.

Click here to read/download the Order