- Videos from Hansi show police in civilian clothes using force against protesters before Independence Day
- Police say plainclothes personnel belong to special units operating under Supreme Court guidelines
- Punjab and Haryana High Court mandates police be in uniform and identifiable during protests since 2020
Videos circulating from Haryana's Hansi show police personnel in plainclothes, some carrying automatic rifles and others wielding lathis, taking part in action against protesters ahead of the Independence Day flag hoisting ceremony.
The deployment of personnel in civilian clothes during the lathicharge has raised questions over whether the action was in line with directions issued by the Punjab and Haryana High Court.
The police have confirmed that the personnel seen in civilian clothes belong to special units. Hansi Superintendent of Police Vinod Kumar said special unit personnel can operate in civil dress and carry arms, citing Supreme Court directions.
The protesters had gathered seeking action in the Jeewan Kundu murder case and wanted to meet Chief Minister Nayab Singh Saini, who was in Hansi for the Independence Day function. As the protesters attempted to move towards the venue, police used force and resorted to a lathicharge.
Jeevan Kundu, a resident of Surya Nagar in Hisar, was allegedly attacked with sticks and rods by a group of men on August 4 following a minor dispute. He later succumbed to his injuries in hospital. His family and supporters have refused to perform his last rites, demanding the arrest of all those allegedly involved in the attack.
Eyewitnesses said that besides uniformed personnel, people in civilian clothes were also involved in the lathicharge. The videos show plainclothes personnel carrying rifles, while others are seen wielding lathis alongside uniformed policemen.
The issue assumes significance because the Punjab and Haryana High Court had, in 2020, laid down safeguards concerning the identification of police personnel deployed for law and order duties, particularly during protests.
Punjab and Haryana High Court lawyer Pradeep Raparia said, "In CWP No. 14874 of 2020, the High Court, in its September 18, 2020 order, had clearly stressed that all police personnel deployed for law and order duties, particularly during protests, should be in uniform and clearly identifiable. Their names and ranks should be displayed through proper identification badges or nameplates."
The 2020 proceedings followed the controversy surrounding police action during the farmers' agitation at Pipli in Kurukshetra, where allegations had emerged that some personnel involved in the lathicharge were not in uniform.
The high court had referred to safeguards laid down by the Supreme Court in the landmark DK Basu case, aimed at ensuring transparency and accountability in police action.
The central question in Hansi is therefore not whether police personnel can ever operate in civilian clothes. Special units may have legitimate operational reasons to work without conventional uniforms. The question is whether personnel in plain clothes who were deployed during the protest and took part in the lathicharge were required to be clearly identifiable under the high court's directions.
If special unit personnel were deployed as part of the law and order operation, the police would need to clarify their specific role and how their deployment is reconciled with the high court's directions concerning identifiable police personnel during protests.
The presence of special unit personnel in civilian clothes does not by itself establish a violation of the high court's order. However, their participation in a public lathicharge raises a question of accountability, particularly when protesters may need to identify individual personnel in case of allegations of excessive force.
(With inputs from Sunil Ravish and Sanyam Jain)
