{"id":201322,"date":"2018-09-05T09:41:52","date_gmt":"2018-09-05T04:11:52","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=201322"},"modified":"2018-09-07T11:43:00","modified_gmt":"2018-09-07T06:13:00","slug":"defence-of-superior-order-not-available-where-subordinates-are-well-aware-of-factual-matrix-8-police-personnel-held-guilty-under-section-330-ipc-sc","status":"publish","type":"post","link":"https:\/\/blogscconline-staging.azurewebsites.net\/post\/2018\/09\/05\/defence-of-superior-order-not-available-where-subordinates-are-well-aware-of-factual-matrix-8-police-personnel-held-guilty-under-section-330-ipc-sc\/","title":{"rendered":"Defence of \u2018superior order\u2019 not available where subordinates are well aware of factual matrix; 8 police personnel held guilty under Section 330 IPC: SC"},"content":{"rendered":"\n
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\u201cPolice force needs to develop and recognize the concept of democratic policing.\u201d<\/strong><\/p>\n

Supreme Court: <\/strong>The Bench comprising of N.V. Ramana and Mohan M. Shantanagoudar, JJ., addressed an appeal filed against the order and judgment of the Bombay High Court. \u201cThe present matter deals with police being the violators of law, who had the primary responsibility to protect and uphold law.\u201d<\/strong><\/p>\n

In the present matter, Police Inspector Narule (A-1) was informed about a case of loot that had occurred 8 days before the information was placed. It is stated in the facts of the appeal filed that, A-1 along with nine other officers was on patrolling along with the informants of the incident of loot and all of them together reached HCP Telgudiya who found out that the person involved in the incident of loot was a person named \u2018Anthony\u2019. The HCP later confirmed that a person named \u2018Joinus\u2019 (deceased) used to live nearby and was a known suspect. A-1 reached the house of \u2018Joinus\u2019 where they all the accused persons molested \u2018Zarina\u2019, wife of \u2018Joinus\u2019 who was tied to a pole and beaten up with a stick and later all his family members were taken to different parts of the city. Thereafter later in the night, \u2018Joinus\u2019 was brought to the police station. The next morning he was found to be dead which lead to the investigation and charging on the ten erring officers.<\/p>\n

The Supreme Court dealt with the above-stated matter by intensively taking up 4 questions one after another to reach a decision.<\/p>\n