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The Delhi High Court on Wednesday directed the Delhi Police to take action against its officers, who were found not wearing masks themselves but were penalizing citizens for not doing the same. 

The direction was issued on a petition filed by one Shalen Bharadwaj, Advocate, who claimed that two police officers on a bike, stopped his relatives and sought to penalize them for not wearing masks, however, the police officers themselves were roaming without masks and helmets. 

The petitioner further claimed that when he interfered with the officers wrongfully harassing his relative, the officers took him to the police station where more police officers sat without masks. He also alleged that the officers used unparliamentary language with him and when he filed a complaint with the District Commissioner of Police, no action thereof has been taken. 

On the other hand, counsel appearing for the Delhi Police, while admitting that the Delhi Police ought not to have misbehaved with the petitioner and ought to have addressed him properly, claimed that disciplinary action against the officers was already underway. He also admitted that upon an inquiry against the officers, it was found that the officers were roaming without masks and helmets. 

" I have already admitted that the police officers called him improperly. He is a lawyer milords. He should have been addressed properly... We have warned out officers. We don't appreciate our officers behaving like this... We have found that they were without masks and helmets and we have agreed to that on the first day,"  he argued.

On the point of action against the officers, Acting Chief Justice Vipin Sanghi asked whether or not challans have been issued against the officers as required under the law. To this, the Delhi Police claimed that challans have not been issued but that they have issued show-cause notices. 

"Why? Are they above the law?", asked Justice Vipin Sanghi, while directing the police to issue challans against the delinquent officers. 

"Our attention has been drawn to the inquiry report in relation to the complaint of the Appellant. One of the conclusions drawn in relation to the police officers is that they were not wearing masks while on duty or helmets while driving two-wheelers...... The Appellant submits that despite the fact that the Respondent also admits that while officers were found without mask and helmets, no action has been taken by them", observed the Delhi High Court in its order. 

Court further noted, "The police should lead by example by complying with the law. Therefore direct the Delhi Police to take appropriate action for violation of provision of the Motor Vehicles Act and Delhi Disaster Management Guidelines."

The Division Bench directed action to be taken against the police within 6 weeks. 

The petitioner also sought to raise other issues such as the Delhi Police's deliberate omission to comply with the court's directions in Sadar Bazaar v North Delhi Municipal Corporation wherein the court had directed that the Sadar Bazar area would be a no hawking zone.

The petitioner claimed that despite sending videos to the police of various hawkers and vendors occupying the area, the Delhi Police refused to take action. However, the court directed the petitioner to assail such issues separately and not mix them with the present petition. 

Cause Title:- Shalen Bharadwaj v The Ministry of Home Affairs Through Home Secy & Ors.