Alleged situation where a Protector became Attacker

Police are meant to protect us from the miscreants and the sin around us. But what happens when they themselves become miscreant? We have witnessed blood-curdling custodial death, fake encounters, etc. Due to such incidents, many people don’t trust Police. However,Most of the Police personnel perform their duty with honesty and passion. They help people in the right way. The duty of Police is very difficult but still they love their job and provide the best service to the public.

But what about those who torture the weaker sections of society? What about those who misuse their power?

Kavita Gupta (Corpus) v. State Of U.P. and 3 Others [Habeas Corpus writ petition no. 192 of 2022) (2022 LiveLaw (AB) 221)

Fact – A habeas Corpus petition was filed by the Husband of the girl before the Allahabad High Court.

Kavita Gupta alleged that her brothers were very cruel due to her intercaste marriage. She is pursuing M. A from Banaras Hindu University, where she met the boy Mahesh Kumar Vishwakarma. They share a tender relationship and decided to marry each other. Last year, both of them got married.

But her family didn’t respected her decision. She alleged that didn’t get protection from the Police.

She stated that on April 26, 2021, she was brutally assaulted by the In-charge, Police Chowki-Khajuri, Police Station-Mirza Murad, Varanasi, and two lady constables had also accompanied him.


The Court made a remark –

At the outset, the Court ordered an inquiry into the case as it remarked thus:


This is an unacceptable situation where the police personnel who are said to be protector have become attacker. Under the circumstances the S.S.P., Varanasi is hereby directed to inquire into the matter and if the allegation of assaulting by the aforesaid police personnel upon the corpus is found to be true, punitive action against them shall be taken within ten days from today.”


The Court further asked her brothers to not harass or ill-treat her just because she married someone of her own choice.

The Court further disposed of the case, and observed that Kavita Gupta is a major and she has the liberty to go with her husband.

The Court also directed the S.S.P, Varanasi, and S.H.O., P.S.-Raja Talab, Varanasi to provide them adequate security and keep a close vigil over their safety and security.

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