Sunday, February 22

Alleged Violation of Supreme Court Guidelines and BNSS Protections Under Scrutiny

Ludhiana: An 85-year-old doctor from Ludhiana is reportedly on continuous oxygen support after she was allegedly compelled to appear at a local police station for questioning, despite legal safeguards protecting elderly persons and women.

Taking serious note of the allegations, the Punjab State and Chandigarh Human Rights Commission has initiated an inquiry into the conduct of the city police. The commission is examining whether officers violated established legal guidelines while summoning the elderly doctor and her ailing husband.

According to media reports, the matter came to light after the doctor’s son filed a formal complaint. He alleged that officials at a local police station and an associated outpost issued defective legal notices and exerted undue pressure on five family members in connection with a case dating back to December 2024.

The family had been booked for allegedly obstructing an income tax raid at their properties. However, the complaint claims that the notices issued under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) contained errors, including incorrect dates and addresses.

The son further argued that the police action was contrary to the Supreme Court’s ruling in Satender Kumar Antil v CBI, which aims to prevent arbitrary arrests and misuse of police powers. He also maintained that the offences cited were non-cognisable, meaning broader police powers could not be exercised without a warrant.

Additionally, the complaint highlighted protections under Section 179 of the BNSS, which exempts elderly persons and women from being compelled to appear at police stations. Despite these safeguards, the elderly doctor was allegedly required to present herself in person.

Following her visit to the police station, her health reportedly deteriorated significantly. She is currently said to be on continuous oxygen support, and her family claims that the worsening condition occurred soon after the police action.

In response to the seriousness of the allegations, the Human Rights Commission has directed the Ludhiana Police Commissioner to examine the conduct of the officers involved and submit a report. The matter remains under inquiry, and further action will depend on the findings of the investigation.

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