Gauhati High Court orders training for Police Constables on traffic duty to remain citizen-centric

The Gauhati High Court recently ordered the State Government to impart training to police constables handling traffic in cities to remain citizen-centric while discharging their duties.

The bench of Chief Justice RM Chhaya and Justice Soumitra Saika said that the police personnel, who are handling the traffic at traffic junctions, are required to keep a citizen-centric approach instead of using their might.

"We stay in a society where rule of law prevails and, therefore, it is eminently necessary for the respondent authorities to impart appropriate training to their police personnel and make them citizen centric while discharging their duties," Court said.

The direction was issued in a suo motu Public Interest litigation initiated on the basis of a letter pertaining to the police atrocities which took place at Paltan Bazar, Guwahati City on March 17, 2022, where on an allegation of a minor traffic violation, a police constable had assaulted a man.

The man was riding a two-wheeler along with his wife and his three-year-old child when the incident happened. Such action of the constable involved in the incident was captured on camera and had also gone viral on social media.

Allegedly on a minor traffic infraction of driving on the wrong side of the road, a heated argument took place which lead to a brawl between the man and the constable.

When the court took cognizance, the Deputy Commissioner of Police (Crime), Guwahati, Assam, filed an affidavit-in-opposition stating that an FIR was lodged at Paltan Bazaar Police Station, against the bike rider for alleged offences under Sections 294/341/353 and 325 of the Indian Penal Code and another FIR was also lodged under Sections 341/294/325/34 of IPC by the wife of the bike rider.

The DCP informed the court that departmental actions had been taken against the concerned constable and he had been suspended from service pending the enquiry against him.

However, senior standing counsel, Gauhati High Court U.K. Nair contended that the purpose and object of initiating this public interest litigation was not just to take action against the erring police personnel but to highlight the need for special training of the police.

"The respondent authorities have not indicated any such aspect in their affidavit-in-opposition and, therefore, appropriate directions are required to be given by this Court," he argued.

Considering the same, court opined that though the authorities had initiated departmental proceedings against the erring police personnel and were also investigating the FIR lodged by the wife of the victim, such an incident occurred because of lack of training in police personnel.

Court said that for a trivial traffic offence, the police personnel should not and cannot be permitted to take the law in their hands.

"Police may have the authority to control the traffic but the same cannot be handled as a tool to violate the fundamental rights of the citizen. Steps which are taken by the authorities against the erring police personnel do not end the agony of the citizens at large," Court observed.

Therefore, court ordered the State Government to conduct a training session for the police personnel on traffic duty to make them remain citizen-centric.

Moreover, court directed the authorities to educate their police personnel about their rights and responsibilities as a public servant and relevant legal provisions. Court added that the authorities can take help and guidance of the Assam State Legal Services Authority (ASLSA) for the same.

With the abovesaid directions, court disposed of the PIL plea.

Case Title: PIL(suo moto) v. State of Assam and Others