Kerala High Court: In a writ petition filed seeking remedy for police harassment, Devan Ramachandran, J. has issued directions to the State Police to deal with the citizenry on a day-to-day basis. The Court held that the police officers should act with self-control and tolerance and treat citizens with courtesy.
The petitioner alleged constant harassment and verbal abuse to his daughter against the sub-inspector of police and sought remedy from the Court. The Court issued directions and further, directed the State Police Chief to take steps in this regard and file a report within two weeks of receiving the judgment. Referring to Siddique Babu v. State of Kerala, 2018 SCC OnLine Ker 4926, the Court observed that even with the judgment of the Court in this regard, police harassment matters are still reported and are rising with alarming regularity.
In the current case, the Court observed that good behavior and civilized conduct by police officers are desired and obligatory. It is not sufficient on the part of the State Police Chief to merely issue circulars, but also ensure every police officer adheres to and abides by them.
The Court examined the compliance report and found it to be woefully wanting as it only mentions the issuance of a circular, further it viewed that more information on the manner of implementation from the State Police across the State among all the hierarchies of officers is required.
The Court also observed that unless all the officers are made known that their misdemeanor and violation of the various judgments and orders of the Court will not be tolerated, that they will be held accountable, directives of the Court would simply exist on paper. Further, it directed the State police to demonstrate the implementation of the Court judgments in its letter and spirit.
The Court directed the State Police Chief to make a report on the same and warned the senior officers to act against cases of misdemeanor and misfeasance, in the absence of which they would be held personally responsible.
[Anil J.S. v. State of Kerala, Writ Petition (Civil) No. 11880 of 2021 decided on 27-10-2022]
Advocates who appeared in this case :
Dinesh Mathew J. Muricken, Advocate for the Petitioner;
E.C Bineesh, Government Pleader, for the Respondent.
