MONICA KUMAR & ANR. versus STATE OF U.P. & ORS.

Citation: [2017] 8 S.C.R. 550 · Decided: 08-08-2017 · Supreme Court of India · Bench: A.K. SIKRI · Disposal: Disposed off

Cited by 1 judgment(s) · cites 2 · see the full citation network in Lexace

Judgment (excerpt)

A 
B 
c 
[2017] 8 S.C.R. 550 
MONICA KUMAR & ANR. 
v. 
STATE OF U.P. & ORS. 
(Writ Petition (Crl.) No. 27 of2012) 
AUGUST 08, 2017 
[A.K. SIKRI AND ASHOK BHUSHAN, JJ,) 
Police Reforms - Misconduct by Police officials - Rights of 
citizens - Writ Petition u/Art.32 of the Constitution - According to 
Petitioners, they had some issues with the Chairman of a medical 
college and that Police acting under his influence had harassed 
them - Pursuant thereto, Court issued notice in the writ petition 
and ordered dasti service to the unserved respondents - Following 
the direction, the petitioners went to serve notice upon the SHO, 
but were assaulted by the police officials - Petitioners filed 
D complaint to the Senior Superintendent of Police, who refused to 
accept the same - Against this, Petitioners filed an application in 
the pending writ petition - Writ petition was dismissed with direc-
tion to approach High Court u/Art.226 - High Court dismissed it 
with liberty to the petitioners to file application uls.156(3) - Order 
E of High Court was challenged by Petitioners by filing SLP- Supreme 
Court directed inquiry in the matter - Conduct of the police 
officials was found to be blemished - Supreme Court directed 
initiation of disciplinary proceedings against the concerned police 
officials - Immediately thereafter. Police officials went to the place 
of the petitioners, to put pressure on them to withdraw their cases; 
F 
and one policeman again assaulted the petitioners and filed FIR 
against them u/ss. 324,33213531504 JPC - Held: Police needs to be 
sensitized about the rights of citizens and the civilised manner in 
which police is required to maintain law and order - Training of 
police is required so that use of force on citizens is reduced and 
G Police officials become more sensitive towards them and fulfill their 
role as protector of citizens - There is also a need to deal with 
erring police officials by taking stern measures whose actions amount 
to 'misconduct' or may be 'criminal' in nature - Letting off the 
erring officials by only administering a warning may not be 
appropriate as done in instant case - Besides the conduct of police 
H 
550 
MONICA KUMAR & ANR. v. STATE OF U.P. & ORS. 
551 
officials, version of the petitioners was also found to be 
A 
exaggerated, regarding the incident when police had visited and 
assaulted them, therefore, suspension of police officials not directed 
- However, after assessing the situation, the FIR filed against the 
petitioners quashed and direction issued io provide adequate 
protection to them. 
Disposing of the petition, the Court 
HELD: 1. Police needs to be sensitised about the rights of 
citizens and the civilised manner in which police is required to 
maintain law and order in this country. From time to time, various 
.sugg~stions have been given by National Crime Records Bureau, 
National Police Commission as well as certain NGOs like Human 
Rights Watch, Amnesty International, Commonwealth Human 
Rights Initiative, etc. to bring in reforms in terms of amendments 
in Indian Police Act, appointing commissions to deal with cases 
B 
c 
of police brutalities, etc. Not that efforts are lacking in bringing 
police reform. But the humane face of the police is still to be D 
seen. Police officials falling in this category are far and few. It is 
high time that training of police in this direction is given a concrete 
shape so that it brings about positive results, and the usage of 
force on citizens is reduced and police officials become more 
sensitive towards them and fulfill their role as the protector of E 
citizens. The Indira Gandhi National Open University (IGNOU) 
has signed a memorandum of understanding (MoU) with the 
National Human Rights Commission (NHRC) to develop a new 
online advance programme on human rights for the police 
personnel. It is also intended to update the contents of the basic 
trainers' programme for police personnel. It is hoped that IGNOU 
with NHRC would be able to develop requisite programme of 
high quality which would be able to sensitise the police personnel. 
Further, the training under this programme shall be administered 
to the stake holders in great measures. In this conte~t, there is 
also a need to deal with erring police officials by taking stern 
measures whose actions amount to •misconduct' or may even be 
•criminal' in nature. Letting these erring officials lightly, as has 
been done in the instant case, by only a

Excerpt shown. Read the full judgment & AI analysis in Lexace.