Civilized Conduct By Police Is Not Merely Desideratum, But An Obligation: Kerala High Court
Good behaviour and civilized conduct by Police Officers is not merely desideratum, but an obligation, the Kerala High Court has observed while directing the State Police Chief to file an Action Taken Report on the implementation of the directions issued by the Court in an earlier Judgment.
The Bench of Justice Devan Ramachandran held, "Unless it is made known to all officers that their misdemeanor and violation of the various judgments and orders of this Court will not be tolerated and they will be accountable for the same, no real change is possible; and the directives of this Court would remain merely on paper".
The Court had in September 2021 directed the Police Chief to remind all officers of their unexpendable obligation to treat and address the citizens with respect and had directed him to inform the Court about the action taken in that regard. The direction was issued in a writ petition filed alleging that a Sub Inspector of Police had been harassing the petitioner constantly and had subjected his daughter to verbal abuse.
When the matter was taken up today for reporting compliance, Government Pleader Joshy Thannickamattom informed the Court that a circular had been issued to all Police Officers to behave well. The Counsel for the petitioner, Nayana Varghese told the Court that in spite of the efforts of the Court and the circular, there have been consistent news of misbehaviour by Police Officers, including with complainants and witnesses.
"It is, therefore, not merely sufficient that, the State Police Chief issues circulars, but it should be ensured that every Police Officer adheres and abides by the same", the Court said.
The Court stated that the compliance report is woefully wanting in this regard, since it merely says that a circular has been issued. "This Court certainly requires further information from the State Police Chief, as to the manner in which the above mentioned Circular has been implemented across the State and among all the officers in the hierarchy of ranks", the Court said in its order.
The Court also said that unless it is made known to all officers that their misdemeanour and violation of the various judgments and orders of the High Court will not be tolerated and they will be accountable for the same, no real change is possible and that the directives of the Court would remain merely on paper.
"This cannot be allowed and the State Police Chief will have to demonstrate that the judgments of this Court are being implemented, obeyed and adhered to by everyone in the Police Force, in its letter and spirit", the Court said while adjourning the matter November 10 for filing the necessary report.
The Court also "warned" in the order that "should the superior authorities not take necessary action in cases of misdemeanor and misfeasance by the officers, this Court may not hesitate to hold them also personally responsible. This shall be kept in mind by the State Police Chief while responding as afore ordered".
Cause Title: Anil J.S. v. State of Kerala & Ors.
Click here to read/download Order
