Written by – Shrey
The Single bench of Justice Abdul Moin of Allahabad High Court has observed in the matter of Shujaat Ullah v. State Of U.P.Thru.Prin.Secy. Home Lko. & Anr that the police action of abusing, misbehaving and outraging the modesty of women and family members of the accused during a raid cannot be justified on any ground.
As far as the facts of the case at hand are considered Shujat Ullah was accused of attacking police constables and beating a home guard after an election got over. As a result, the police decided to register an FIR against him charging him under Sections 395, 397,332,336,353,504, 506, 34 I.P.C, 7 of Criminal Law Amendment Act, 1939 and Section 131, 132 (3), 135- A of Representation of People Act.
The accused then decided to file an application for anticipatory bail. The counsel for the accused argued that the charges levied against his client are a result of a political rivalry and went to the extent of saying that even if the charges written in the FIR are taken at face value the police does not have the right to arrest the accused for an alleged incident.
The court in agreement with the accused’s counsel said that “The fact of the matter remains that even if a citizen has carried out the activities as have been detailed in the FIR, there cannot be any justification or excuse to the police personnel to indulge in the behavior as have been detailed in paragraph 9 of the bail application.”
The court has asked the state government to file a counter-affidavit within 7 days and has asked them to refrain from taking any coercive action for the time being.