"Disturbing": Orissa HC Takes Suo Motu Cognizance of Police Brutality Against Army Officer & Fiance at Bharatpur Police Station; Directs Media To Not Publish Identity Of Victims
The Orissa High Court has taken suo motu cognizance regarding the “disturbing” incident at Bharatpur Police Station, Bhubaneswar, which took place on September 15, 2024 involving the manhandling of an Army Officer and his fiancé by local police officials.
The matter was brought to the attention of the Court through a letter addressed to the Chief Justice of the Orissa High Court. The Court restrained all print, electronic or social media platforms from publishing the names and identities of the victims in the case.
A Division Bench of Chief Justice Chakradhari Sharan Singh and Justice Savitri Ratho observed, “Suo motu cognizance of an incident that has taken place at Bharatpur Police Station, Bhubaneswar on 15.09.2024 has been taken by this Court based on a letter dated 18.09.2024 addressed to the Chief Justice of this Court by the Lieutenant General PS Shekhawat, AVSM, SM, General Officer Commanding & Colonel of the MECH INF REGT, Madhya Bharat Area…The contents of the said communication are disturbing.”
Senior Advocate Gautam Misra appeared for the petitioner, while Advocate General Pitambar Acharya and Senior Advocate Durga Prasad Nanda represented the opposite parties.
The letter outlined a sequence of alleged events that occurred when the Army Officer and his fiancé approached the Bharatpur Police Station to lodge a complaint against miscreants who had misbehaved with the couple. Instead of extending protection and support, the police allegedly humiliated the officer and his fiancé, with reports suggesting that the lady was molested and detained without any charges for over 14 hours. The medical examinations also revealed serious injuries to the woman, allegedly inflicted by the police.
In response to the disturbing allegations, the High Court noted that the concerned police station did not have the facility of a CCTV camera despite the Supreme Court’s directions issued in D.K. Basu v. State of West Bengal (2015) for maintaining the same.
“Since we have noticed that their names and identities are being disclosed in the print, electronic and social media, we consider it proper in the facts and circumstances to restrain all concerned from publishing their names and identities on either print, electronic or social media, in any manner.” the Court ordered.
The Court directed the Addl. D.G. of Police (Modernisation) to submit a report based on the information available from the headquarters regarding the availability of CCTV facilities in all the police stations and outposts in the state. “If required, we shall issue further directions to ensure that the Supreme Court’s direction in the cases noted above are fully complied with, depending upon the nature of report,” the Court ordered.
“As the incident also concerns the prestige and dignity of an army officer, who was on leave, the Court would like to know from the State Government as to what steps it intends to take to protect the dignity of the personnel of the Armed Forces, in such situations,” the Court remarked.
Accordingly, the High Court listed the matter for further hearing on October 8th, 2024.
Cause Title: Registrar Judicial, Orissa High Court, Cuttack v. Government of Odisha & Ors.
Appearance:
Petitioner: Senior Advocate Gautam Misra; Advocate A. Dash
Opposite Parties: Advocate General Pitambar Acharya; Senior Advocate Durga Prasad Nanda; AGA L. Samantaray and Saswat Das; Advocate M. Dwibedi
