Maharashtra State Human Rights Commission takes suo motu cognisance of ‘minors paraded on police car’

The order was passed by a full bench comprising chairperson Justice A M Badar and member Justices Swapna Joshi and Sanjay Kumar. The commission’s observations were regarding a case in which Pune police detained seven minors in connection with the murder of a 17-year-old boy, who was allegedly hacked to death with sharp weapons in Pune’s Katraj. The action of the local police station officials to parade three of the minors on a car bonnet had been termed as “unwarranted’ by Pune Police Commissioner Amitesh Kumar and an inquiry into the incident was initiated.

The Commission said it constituted a full bench considering the importance of the matter after taking note of video clips circulating on social media. According to the order, the videos purportedly show three young accused tied to the bonnet of a police vehicle, paraded through Pune’s streets, forced to kneel and walk through residential localities while being assaulted with batons.

Referring to the viral videos, the Commission observed, “If these stills from widely circulated video clips on social media platforms regarding misdeeds of Pune Police, if ultimately found to be correct, then it will certainly bring shame to the otherwise well governed and well ruled State of Maharashtra. A lurking doubt creeps in the judicial mind as to whether it is a calculated and designed effort to malign the State of Maharashtra and its Home Department.”

Drawing a parallel with the controversial Kashmir incident in which a civilian was tied to the bonnet of an Army vehicle, the Commission observed, “Pune Police has virtually imitated the said incident prima facie to tarnish and malign the image of the State Government and to project style of working of Pune Police as a ‘Jungle Raj’ functionary.”

The order records that media reports indicated the suspects had been arrested in connection with the murder of a young man in July this year. Instead of merely effecting their arrest, the Commission noted, they were allegedly taken to various housing societies, made to walk on their knees, assaulted publicly and tied to the bonnet of a police vehicle while being paraded through busy roads. The Commission also took serious note of allegations that the police officer leading the operation threatened children who had gathered to witness the spectacle, observing that such conduct ignored the provisions of the Juvenile Justice law and caused “great psychological trauma” to minors.

Holding that the alleged conduct amounted to a serious breach of constitutional safeguards, the Commission observed, “It hardly needs to emphasise that the act of tying young suspects/accused to the bonnet of the Police vehicle and parading them constitutes flagrant violation of constitutional rights, statutory protection and the fundamental tenets of due process of law apart from binding law laid down by the Hon’ble Supreme Court on the issue.”

The Commission has directed its Investigation Wing, headed by Special Inspector General of Police Datta Karale and assisted by Registrar Vijay Kedar, Superintendent of Police Viswas Pandhare and other officers, to complete a preliminary fact-finding inquiry and submit its report within one week. The matter has been posted before the Division Bench of the Commission on August 20. The order clarifies that all observations made by the Commission are prima facie in nature and will not influence the final adjudication of the case on merits.