Amaravati: Observing that the police action against peaceful protesters over shifting of capital Amaravati was violative of fundamental and human rights, the Andhra Pradesh High Court directed Monday officers concerned to conduct an inquiry against police officials who ‘violated’ relevant Supreme Court guidelines.
A division bench, comprising Chief Justice JK Maheshwari and Justice M Satyanarayana Murthy, passed the remarks on a batch of writ petitions, including one the court took on its own, on police ‘high-handedness’ on people protesting against the government’s move to shift the capital from Amaravati.
The court questioned the AP Chief Secretary, Principal Secretary (Home), Principal Secretary (GAD) and DGP on why action was not initiated against their subordinates for not maintaining the rule of law. It directed them to appraise it of the reasons therefore.
The Court also sought an explanation from Collectors of Guntur and Krishna districts, Vijayawada Police Commissioner and SPs of Guntur Rural and Urban on invocation of prohibitory orders when the ‘villagers were peacefully agitating’.
It posted the petitions for further hearing January 17 and asked Advocate General S Sriram to file a counter affidavit.
The court also directed the Andhra Pradesh government to permit the public to demonstrate peacefully and ordered the Vijayawada Commissioner of Police and Superintendents of Guntur Rural and Urban Police to strictly adhere to the procedure prescribed under Section 46 of the Criminal Procedure Code (CrPC).
The High Court also restrained police from entering the houses of villagers to conduct searches and said they should strictly adhere to the procedure stipulated in the CrPC.
“As seen from the number of photographs published in newspapers and filed along with the writ petitions, the way in which police are treating the public, including women, is violative of fundamental rights guaranteed under the Constitution of India so also human rights.
“Enforcing orders under Section 144 CrP C, restricting movement of public, not allowing people in various villages to attend their daily avocation for livelihood, not allowing them to perform traditional and customary rituals… is nothing but prima facie violation of right to peacefully agitate on any issue as guaranteed under Article 19 (1)(b) of the Constitution,” the Bench observed.
PTI
