Gujarat HC to state: Display ACB helpline number in public places to prevent police excesses

In this regard, the state, through government pleader Manisha Lavkumar Shah, submitted, “Now they (Union government) want a consolidated helpline for all emergencies…You tell your problem (on the single helpline number) and they will route it, direct it, and push it in an urgent manner. We have already implemented this in three-four districts… the plan is to implement it across the state…So far as dealing with corruption or extraneous demand by any person belonging to police authority, there is an anti-corruption bureau number.”

Chief Justice Sunita Agarwal, however, orally remarked that the public remains unaware of who to contact in case of police excesses. “Public doesn’t know there is a state police complaints authority…these authorities are meant for the public….who can access them? How can people access them? How do they function? Nobody knows…Display this helpline (1064) at every junction and corner of the state. Display this helpline on public vehicles also…’For a complaint against a police or TRB personnel, dial 1064’, this kind of display should be there. So that people may know where to go, and who to contact. (Display the number in) public vehicles – inside and outside, at strategic places, traffic joints, outside a police station, gate of the police station, and on the billboards which display government schemes, traffic booths, and in the daily newspapers,” Chief Justice Agarwal said.

Chief Justice Agarwal was also unimpressed with the state for not provisioning any action, except for termination, against the erring TRB personnel. Addressing the state, the Chief Justice said, “Traffic Brigade are rendering voluntary service… they are providing voluntary service even in extortion of money…Once you are putting them at checkposts, you are not able to check them, they are doing this.”

“Have you intimated to the general public that you cannot be intercepted or checked by TRB personnel? I also do not know. If they stop me or someone in movement, the person would automatically stop. That person will not know whether this person has any authority or not…They are on their mobiles most of the time, they don’t even look at what is happening in the surrounding areas. I’ve seen them at the checkposts. Traffic is moving, they are busy. And this is in everybody’s knowledge so don’t say that there are others to check them. You have to look at this type of establishment, how do you manage them…Now notify the public that people who are in white industrial helmets, white shirts, navy blue pants, black shoes socks, and belts, cannot intercept you and if they are doing it, they are going outside the jurisdiction of their duty. And if they are doing it, complaint be lodged immediately.”

Upon an inquiry from the court as to what action can be taken in case of misconduct by the TRB personnel, the state responded that they could be terminated. The court was however dissatisfied with this response, Chief Justice Agarwal remarking, “This is a serious matter. (If) you are engaging people on a contract service for some public purposes or duty, there has to be some conduct rules…It is not a domestic servant that you will terminate his services and he will go away. You cannot be so helpless. We are not on the facts of the case, we are on the system….They are placed at strategic locations, they are supposed to discharge certain kind of duties but wearing this uniform, the public do not know what their duties are. Because this is bringing disrepute to your organisation. There has to be a public awareness programme about this TRB…We are not against this but there has to be a deterrent. Display the duty rules everywhere.”

The High Court kept the matter for further consideration on November 3.