TN BJP demands setting up of special court to probe cases against cops
Chennai (The Uttam Hindu): Tamil Nadu BJP spokesperson and senior party leader, ANS Prasad has demanded that the state government establish a special court to investigate cases against police personnel. In a statement on Tuesday, Prasad said that to give teeth to the historic Supreme Court judgment, the Government of Tamil Nadu must establish a special court to investigate cases against police personnel.
He said that this move was crucial in preventing situations where citizens are falsely implicated and subjected to police brutality. It may be recalled that the Supreme Court of India has delivered a landmark judgment, granting permission to file cases against police personnel who falsely implicate individuals in cases and detain them. ANS Prasad said that this historic verdict aims to curb the misuse of power by police officials and ensure that individuals' human rights are protected.
In light of this judgment, it is imperative that the Tamil Nadu government establishes a special court to expedite the trial of such cases and deliver justice swiftly, the BJP leader said. He added, “This will not only reinforce the rule of law but also strengthen the faith of citizens in the justice system.” Prasad said that the Supreme Court judgment, ruling that prior sanction is not required to prosecute police officers accused of filing false cases or fabricating evidence aims to prevent police officers from misusing their powers and abusing their position to harass innocent citizens. He said that the top court's ruling sets a significant precedent in ensuring accountability among police officials and preventing the misuse of power.
He said that the Bench, comprising Justices JB Pardiwala and Manoj Misra held that the protection provided under Section 197 of the Code of Criminal Procedure (CrPC) cannot be extended to police officials who misuse or abuse their powers. The BJP leader said that the court emphasised that lodging a false case or fabricating evidence does not constitute an official duty, and therefore, police officials cannot claim immunity under Section 197, CrPC. ANS Prasad said that this judgment was a welcome move towards ensuring that police officials are held accountable for their actions.
He said, “It will help to prevent the misuse of power and protect the rights of innocent individuals.” The BJP leader said that the Supreme Court's decision is a significant step towards upholding the rule of law and ensuring that public servants act in accordance with their official duties. In light of this judgment, the Tamil Nadu government must take immediate action to inform and educate the state's police force about this new directive.
He called upon the state government to establish guidelines and protocols that emphasise the importance of fair and lawful policing. Moreover, the state government must ensure that police officials who engage in misconduct are held accountable and face the consequences of their actions, Prasad said. He said that to raise awareness about this new directive, the Tamil Nadu government should utilise various media channels, including television and social media platforms.
ANS Prasad said that this would help to inform the general public, particularly those in rural areas who may not have access to legal resources, about their rights and the protections available to them under the law. He said that ultimately, the Tamil Nadu government has a responsibility to protect the rights of its citizens and ensure that the police force operates in a fair and lawful manner.
The BJP leader said that by taking proactive steps to implement the Supreme Court's directive, the state government can help to build trust between law enforcement and the communities they serve. Prasad said that the recent withdrawal of police protection for Justice S. Manikumar, Chairman of the Tamil Nadu State Human Rights Commission, has raised concerns about the safety and security of human rights defenders in the state. He said that this incident compromised not only Justice Manikumar's safety but also undermined the commission's independence and autonomy.
He further said that the Tamil Nadu government's inability to provide protection to Justice Manikumar, a former High Court judge, raises questions about its commitment to protecting human rights defenders. He said that this incident sparked concerns about the safety and security of ordinary citizens who approach the commission seeking justice. Prasad said that the Supreme Court's landmark judgment has created a precedent that enables individuals to approach the courts directly for protection against police harassment and intimidation. The BJP leader also said that this judgment has restored the faith of human rights defenders in the judiciary and has sent a strong message to the state government to respect the independence and autonomy of the human rights commission.
