Guwahati: The Gauhati High Court while hearing a PIL on the assault on a biker by a cop in Guwahati for a ‘trivial offence’ observed that the “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.” 

Taking suo moto cognizance of a letter written by advocate Manish Goswami the Gauhati High Court bench of Chief Justice RM Chhaya and Justice Soumitra Saikia directed the Assam Police authorities “to impart training to all police constables, who are handling traffic in cities, more particularly at all district levels, to remain citizen-centric.”

In the letter to the HC chief justice, Goswami brought to notice the incident that had taken place at Paltan Bazar in the city on March 17 when a person, who was riding a two-wheeler along with his wife and their three-year-old child, was assaulted by a constable on duty for an alleged minor traffic violation. 

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The incident was captured on camera and had gone viral on social media.

The Additional Senior Government Advocate contended that the authorities have drawn departmental action

against police personnel involved in the brawl and have been suspended from service pending the enquiry. 

The court further opined that “for a trivial traffic offence, the police personnel should not and cannot be permitted to take 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. It is, however, clarified that if there is any breach of traffic rules, the police personnel could have taken action in accordance with the law instead of using force on the innocent citizens.” The court opined.

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The bench also directed the state authorities “to educate their police personnel about their rights and responsibilities as a public servant” and added that “appropriate basic knowledge of the law relating to the same should be imparted by conducting training.”

The bench asked the state government to form a committee to educate the police personnel about such laws to prevent similar incidents in future.