New Delhi: Supreme Court judge Justice Ujjal Bhuyan, on Friday (September 4), expressed concern over the assault of unarmed protesters by police personnel during the recent students' agitation at Jantar Mantar, Delhi, over the alleged irregularities in the NEET 2026 examination, saying the "detachment expected of police officers" appears to be disappearing.

Speaking at the launch of former security secretary Yashovardhan Azad’s book Policing the Republic, Justice Bhuyan said it was “very, very distressing” to see Indian Police Service (IPS) officers assaulting civilians.

"All of us are dismayed when we see young officers of the Indian Police Service personally going and assaulting protesters and demonstrators. This is something very, very distressing to observe," he said, as quoted by The New Indian Express.

"The detachment expected of police officers somehow seems to be disappearing, and this is indeed a matter of grave concern," Bhuyan added.

He noted that effective policing did not require excessive use of force or infringement of human rights, stressing that the police play a vital role in upholding public confidence in the state, especially for those citizens who encounter police officers in their daily lives, reported The New Indian Express.

"For most common people, a policeman on the street wearing a whistle and a lathi represents the power and authority of the state. When they feel wronged, they seek the help of the police. It is, therefore, of utmost importance that the police force maintains its credibility," he said.

Eroding police credibility and custodial torture

Justice Bhuyan said the police could maintain credibility and trust by adhering strictly to the constitution, functioning impartially and protecting the rule of law. He also emphasised the importance of integrity, courage, conviction and adherence to secular principles in policing.

""It can do so only by strictly adhering to the Constitution, by functioning as a truly professional force, acting impartially, displaying courage and acting with conviction, maintaining integrity and adhering to secular principles, thereby upholding the rule of law," said Justice Bhuyan.

On the topic of reported cases of custodial torture and deaths in India, he said that custodial death was perhaps "one of the worst crimes in a civilised society governed by the rule of law."

As per The New Indian Express report, he added that any form of torture or inhuman treatment falls within the protection of fundamental rights, regardless of whether it occurred during the investigation, interrogation or any other phase.

'Does a citizen lose their fundamental rights after arrest?'

Justice Bhuyan invoked the Supreme Court’s 1997 judgment in DK Basu vs State of West Bengal, which laid down safeguards relating to arrest and recognised the need to compensate victims whose human rights had been violated.

He said the judgment had raised an integral question: whether a person loses their fundamental rights the moment they are arrested by a police officer. He also questioned whether the right to life could be placed in abeyance after arrest.

"The answer indeed has to be an emphatic no," remarked Justice Bhuyan, observing that the judgment had laid down a series of directions concerning arrest and interrogation, reinforcing constitutional protections for people in police custody.

According to The New Indian Express, the judge also spoke about extra-judicial killings and "fake encounters," saying that the Supreme Court had taken a serious view of such incidents. While referring to a 2011 judgment, he said the court had held that fake encounters “nullify the very essence of the rule of law” and that cases involving such encounters by serving police personnel must be treated with the utmost seriousness.

"Encounter philosophy is a criminal philosophy. It cannot be a part of policing," Justice Bhuyan said.

Need for police reform

Another important aspect of Justice Bhuyan's comments was his call for police reforms and a stop to political interference in the functioning of the police.

He mentioned the National Police Commission, which was appointed by the government in 1977 to examine the role and performance of the police as both a law-enforcement agency and an institution responsible for protecting citizens’ constitutional rights.

The commissions recommendations included mechanisms for dealing with complaints of police misconduct and measures ensuring professional independence for the police.

In this regard, Justice Bhuyan referred to the Supreme Court’s 2006 judgment in Prakash Singh and others, which dealt with police reforms after the non-implementation of the recommendations suggested by the National Police Commission.

The apex court had issued a series of directions, such as the constitution of state security commissions, selection and minimum tenure of directors general of police, separation of investigation from other police functions and the establishment of police establishment boards and police complaints authorities.

On Manipur

While talking about the chapter on Manipur in Policing the Republic, Justice Bhuyan described the state as especially rich in talent and culture, while highlighting the continuing violence plaguing the state.

He noted that despite the extensive presence of security forces, like the state police, Manipur Rifles, Assam Rifles, paramilitary forces and the Army, "peace continues to remain elusive."

“There is a lesson for all of us. There is a lesson for India," he added.

The event was held at Viceroy Hall in New Delhi. Congress MP P. Chidambaram, former Maharashtra Director General of Police D. Sivanandhan were also reportedly present at the book launch.

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