HOME Use of Force by Plain-Clothed Personnel at Jantar Mantar is Illegal

Use of Force by Plain-Clothed Personnel at Jantar Mantar is Illegal

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S.R. Darapuri, Former IG and National President, All India People’s Front

     (Samajweekly)   The use of force by personnel in plain clothes against students and children during the ‘Parliament March’ held at Jantar Mantar on July 20 was illegal and unlawful. It was excessive, punitive, and repressive. A large number of protesters sustained injuries, including serious ones. Shockingly, the personnel deployed there were not even wearing nameplates, rank badges, or force identification badges on their uniforms. The Delhi Police and the Union Ministry of Home Affairs must disclose the identities of those who engaged in this crackdown while in plain clothes and clarify which of them were police personnel and which were not. The names of the magistrates or police officers who ordered the lathi-charge must also be made public.

Clear guidelines and orders exist for police forces across all states regarding the use of force during demonstrations. These clearly define the extent, type, duration, and objective of the force to be used. The core principles dictate that the use of force must be minimal, escalating from mild to severe measures; lathis or firearms should be aimed below the waist; and the aim should be to disperse protesters while causing minimal injury. The senior police officer present at the scene bears full responsibility for this.

The following aspects of the force used by the Delhi Police at Jantar Mantar require consideration:

  1. Why police in plain clothes?

Videos from Jantar Mantar clearly show numerous police personnel in plain clothes, wielding lathis, engaged in crowd control and the use of force. This conduct is entirely unlawful and violates both Supreme Court directives and departmental orders. Not only the personnel involved but also the senior police officers bear full responsibility for this. Mischievous elements could easily infiltrate the crowd in plain clothes and incite trouble. There are also allegations that these individuals were not police personnel but members of the BJP.

  1. Use of excessive force

Videos of the police action at Jantar Mantar clearly indicate that excessive force was used, as it was directed not only at peaceful protesters but also at fleeing individuals and bystanders standing by the roadside. Lathis (batons) were wielded with extreme brutality, epitomizing punitive and oppressive police violence. Furthermore, blows were struck at vital parts of the body—such as the head, eyes, and chest—whereas guidelines regarding the use of force mandate striking below the waist to minimize injury while still dispersing the protesters.

  1. Failure of police personnel to display nameplates

Videos from Jantar Mantar clearly show that many police personnel were neither wearing nameplates nor displaying badges indicating their rank and force affiliation on their uniforms. This is entirely unlawful. Police manuals across all states mandate the wearing of uniforms and badges while on duty to ensure the clear identification of the personnel involved. Additionally, in the *D.K. Basu* case, the Supreme Court made it mandatory for all police officers on duty to wear nameplates and badges indicating their rank and force. The ruling further states that if an officer (particularly during law-and-order situations or protests) removes or conceals his nameplate, it constitutes a violation of Supreme Court orders and an illegal act, for which they may be penalized. It is the responsibility of senior officers to ensure compliance with these orders.

  1. Failure to inform the families of arrested protesters

There have been widespread complaints that the Delhi Police is failing to inform the families of arrested individuals, causing difficulties in establishing contact. This action by the Delhi Police constitutes a disregard for the directives issued by the Supreme Court in the *D.K. Basu* case.

  1. Stone-pelting by the police

A video from Jantar Mantar shows police personnel pelting stones at the protesters. This matter should also be investigated, and the guilty personnel punished.

  1. Presence of a damaged car and a truck loaded with stones near Jantar Mantar

A video from Jantar Mantar shows the presence of a damaged car and a truck loaded with stones near the site. Their presence raises several suspicions. This aspect should also be investigated.

It is evident from the brief account above that the use of force by the police at Jantar Mantar was entirely illegal and excessive. Furthermore, officers found guilty of failing to ensure that personnel wore nameplates, or of deploying personnel in plain clothes, should also be punished. Therefore, a judicial inquiry into this matter should be conducted to punish the guilty police officers and personnel, and appropriate medical treatment and compensation should be provided to the injured individuals.

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