This PIL challenged police humiliation of young children. After the State explained remedial actions and the petitioner abandoned damages, the court closed the PIL and directed periodic police training on human rights, appreciating the authorities’ response.
Petitioner to show cause; police sensitization directed; no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C)(PIL) No. 1706 of 2013
Prabir Kumar Das ….. Petitioner In Person
Vs.
….. State of Odisha & Others Opp. Parties Mr. I. Mohanty, A.S.C.
CORAM:
JUSTICE S. TALAPATRA JUSTICE SAVITRI RATHO
ORDER
21.06.2023
Order No.
4. According to the Petitioner, such action amounts to gross
human right violation, as those young boys and girls were exposed to the public view in a humiliating position. The Police does not
have any authority to inflict such corporal punishment.
Page 1 of 4
Commission has observed as follows:
“As the Commission had already indicated in its order dated 6-5-2013 the action of the IIC cannot be justified. There are constitutional ways to prevent a crime, when apprehended. Neither the constitution nor any of the laws of the country has authorized a police officer to behave in the way the IIC did.”
A copy of the said order was asked to be sent to the
Superintendent of Police, Jajpur with a request to issue a note of caution to the I.I.C. namely Alok Ranjan Ray.
In para-8 of the said reply dated 31.03.2023, the Opposite Parties have asserted also as follows:
“That adhering to the orders of the Hon’ble
Page 2 of 4
Commission, Sri Alok Ranjan Ray, the then Inspector of police was further verbally cautioned by SP Jajpur with warning not to indulge in such activities in future. He was also counseled about the dignity of human beings and their rights and the appropriate behavior to be deserved towards the public particularly to the young children and was instructed to uphold the tenets of the Constitution of India. He was instructed to discharge his duty constitutionally adhering to the principles of the Constitution of India. It is submitted that no such complaints have been viewed against him till date.”
past years.
Page 3 of 4
of Police, Odisha to hold periodical sensatisation programmes for the police officers in order to order raise their capacity to maintain the Human Rights standards while discharging duties.
the parties.
(S. Talapatra)
Judge
(Savitri Ratho)
Judge
Sukanta
Signature Not Verified
Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 22-Jun-2023 15:12:18
Page 4 of 4
2 issues framed by the court
Whether the PIL on police harassment of young children should be closed considering the State’s remedial actions and abandonment of damages.
Whether to direct periodical sensitization programs for police officers to uphold human rights standards.
Prabir Kumar Das
State of Odisha
S. Talapatra
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
