PRAKASH KAPADIA Vs. COMMISSIONER OF POLICE (AHMEDABAD CITY)

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, in the nature of a Public Interest Litigation, the petitioner, a public trust registered in the city of Ahmedabad, through its President, has prayed that taking into consideration that the police, who is entrusted with the task of law enforcement and management, usually take recourse of third degree methods i.e. torture and excessive use of force, etc. and also taking into consideration the gross violation of fundamental and human rights of the citizens during the course of custodial interrogation by the police, time has come that some positive, effective and concrete steps are taken to combat with the menace of custodial violence, and for that purpose, it has been prayed in the petition that appropriate writ, order or direction be issued on the respondents to install Close -Circuit Television (CCTV) cameras or a Wi -Fi cameras at all the police stations of the State with the idea of thereby providing adequate safeguards against the police atrocity or custodial violence.

(2.) IT has been averred in the petition that violation of fundamental and human rights of the citizens is generally in the nature of non -enforcement and discriminatory application of the laws, so that those having clout are not held accountable even for blatant violations of laws and, in any case, not brought to the justice for the direct violations of the rights of citizens in the form of unauthorized detentions, torture, harassment, fabrication of evidence, malicious prosecution, etc. The petition sets out a glaring example of police atrocity or police inaction by citing a recent incident that occurred in the city of Ahmedabad.

(3.) THE petitioner has highlighted the case of one Mr.Lalbhai Sindhi, a businessman residing in the city of Ahmedabad. The said Mr.Lalbhai Sindhi had filed a complaint before Kalupur Police Station against one Mr.Avinash Shitaldas Jadwani, Mr.Gulshan Shitaldas Jadwani and Mr.Keshav Shitaldas Jadwani, all three brothers and carrying on the business of cloth since 1980 at 'Ashirwad' Market, Near Railway Station, Kalupur, Ahmedabad.