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Obligation to ensure Covid protocol compliance more on those charged with enforcement: HC

New Delhi, Apr 6 (PTI) Coronavirus protocols must be adhered to even “more strictly” by those charged with their enforcement and they must lead by example, the Delhi High Court has said.

The court said it is imperative that all individuals including those in charge of maintenance of law and order follow these protocols at all times.

The court made the observations while hearing a plea by an advocate seeking direction to take necessary action against on-duty Delhi police officials for allegedly violating Covid guidelines, and for not ensuring the implementation of safety norms in society despite many orders passed by the Ministry of Home Affairs and the Delhi Disaster Management Authority (DDMA).

The petitioner has said that in the early hours of August 9, 2021, two police personnel posted at Sadar Bazar Police Station were without masks and helmets during patrolling on a government bike and they allegedly misbehaved with him and his relatives and used derogatory words.

The court was informed by the Delhi Police counsel that on taking cognisance of the complaint, it was duly enquired into and subsequently two police personnel were also cautioned.

“The obligation to ensure compliance with those protocols must be adhered to even more strictly by those who are charged with its enforcement and must therefore lead by example,” Justice Yashwant Varma said.

“Insofar as the incident which led to the institution of the present writ petition is concerned, the court notes that the two police personnel have been duly admonished and that consequently circumstances warrant a closure being accorded,” he said.

The police counsel also said that the authorities remain duty-bound to ensure that all citizens including members of the police force adhere to the protocols mandated by DDMA as well MHA circulars.

Regarding the allegation of unauthorised hawking in the Sadar Bazar area raised in the plea by petitioner and advocate Shalen Bhardwaj, the court noted that the appropriate statutory authorities who are obliged to ensure the implementation of the Street Vendors Act (Protection of Livelihood and Regulation of Street Vending) Act, 2014 have not been arrayed as party respondents.

The court left it open to the petitioner to initiate appropriate proceedings as may be permissible in law.

The petitioner has claimed, “The said police personnel not only violated the provisions of CrPC but also defamed the petitioner in the eyes of his relatives and residents. Further by misusing the police power and section 188 of the Indian Penal Code (IPC), he extended threat to the petitioner to falsely implicate him in false cases. His said act does not come under the discharge of his official police duty.” PTI SKV TIR TIR

This report is auto-generated from PTI news service. ThePrint holds no responsibility for its content.

Source: The Print

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