Delhi high court flays police attack on Massey

A Delhi high court division bench on Friday criticised the security drill during the prime minister's movements and the conduct of Delhi police in beating up a man who strayed into the PM's route.

The division bench, consisting of Acting Chief Justice Mahinder Narain and Justice S K Mahajan directed Additional Solicitor General A M Singhvi to file by Monday a reply-affidavit to the various issues raised by the incident.It posted further hearing of the matter to Tuesday.

On May 13, the bench had taken suo motu notice of the report in a national daily about the ''merciless beating up'' of Martin Massey near Nizamuddin police station on May 9 after the executive drove on thinking that the prime minister had passed.

The bench also directed the newspaper which reported the incident to file an affidavit on a report appearing in Friday's edition stating that Massey had driven on only after the convoy of Prime Minister Inder Kumar Gujral had already passed.

The judges expressed concern at the long hold-ups at traffic lights during the PM's movements and added that from their personal experience they knew that the traffic was restricted every time for 15 to 20 minutes. They also observed that policemen on duty are seldom polite and the ordinary citizen bears the brunt of their rude behaviour.

Senior counsel P N Lekhi, appointed amicus curiae to assist the court, submitted that the police conduct following the May 9 incident was ''reprehensible''. Accusing the police of trying to intimidate the Massey family, counsel said that the police officers had visited their home late on the night of May 12 and 13 and asked questions normally reserved for conspirators and criminals.

Averring that the family was ''terror-struck'' at this behaviour, Lekhi submitted that Massey was not a high-flying executive but a technical supervisor in a private air conditioners servicing firm.

Contending that the police was trying to launch a cover-up operation, Lekhi said the first medical report of Massey following the incident did not mention details of the injuries suffered by him but said that he was under the influence of alcohol. Also, it was unsigned by the doctor concerned.

The bench directed that both the first medical report and the second one, by a medical board of the All India Institute of Medical Sciences be produced in the court for the next hearing.

It also averred that Gujral, who had been allotted the official PM's residence on 7, Race Course road, should shift there to minimise inconvenience to the people. The bench also questioned Dr Singhvi as to why Gujral was not shifting to his official accommodation.

Earlier, Dr Singhvi in his oral submissions informed the court that three constables had been suspended and the station house officer had been transferred for lack of supervision. Terming the incident as a case of ''individual aberration'', Dr Singhvi said ''strict action would be taken expeditiously against the guilty in accordance with law''.

He also said that a comprehensive review of the prime minister's security arrangements had been ordered by the Cabinet secretary following the prime minister's directions. The latest circular issued in this regard on May 15 stated that the traffic restriction should not be for more than five minutes and not beyond 500 metres of the PM's convoy.

Dr Singhvi also offered to show to the bench in-camera the 'Blue Book' and the various circulars issued on the prime minister's security. He contended that such measures were necessary because of the high threat perception to the Indian prime minister.