Ensure Innocent Citizens Are Not Detained Or Arrested Illegally Due To Wrong Identity: Kerala HC Directs State Police Chief
The Kerala High Court has directed the State Police Chief to ensure that instances of arrest or detention, based on the wrong identity, do not result in the invasion of the life and liberty of innocent citizens.
The Bench of Justice Gopinath P. observed, “While I am not able to find any material to establish that the action of respondent Nos. 4, 5 and 7 to 9 in this case was mala fide, the detention of the petitioner, on the basis of a wrong identity, has caused extreme prejudice to her. Therefore, notwithstanding the fact that I have found that the petitioner is not entitled to any compensation or for any of the other reliefs sought for in the writ petition, I deem it appropriate to direct the State Police Chief to come out with suitable instructions to ensure that similar instances of arrest or detention, on the basis of the wrong identity, does not result in the invasion into the life and liberty of innocent citizens.”
Advocates V. Jayapradeep appeared for the Petitioner whereas Sr. GP Thushara James and Advocate Mansoor B.H. appeared for the Respondents.
The Petitioner, a tuition teacher, sought the writ of mandamus against a few police officials who allegedly harassed the Petitioner. She also sought directions to the State Government to pay an amount of Rs. 10,00,000/- as compensation for the illegal arrest and detention of the Petitioner.
The Petitioner and her Husband were accused in a case alleging offences under Sections 420, 468 and 471 r/w Section 34 of the Indian Penal Code, 1860. She also alleged that she was arrayed in the case to pressurize her husband.
It was the case of the Petitioner that the police officials from the Eravipuram Police Station reached the residential house of the petitioner and allegedly entered the house, after breaking open the door, and forcefully caught hold of the petitioner, outraged her modesty and pushed her into a Police jeep in front of her small children, using obscene and filthy language.
It was submitted that the petitioner was released only after the local people created a hue and cry regarding the illegal detention of the petitioner.
The Court said, “I am of the view that it must be demonstrably evident from the facts that the action of the Police authorities was nothing but an abuse of the law and in a violation of the fundamental rights of the citizen. I am unable to hold that this is a case where respondent Nos. 4, 5 and 7 to 9 had acted in a planned manner to deprive the petitioner of her liberty in order to harass her.”
The Court was not inclined to hold that the Petitioner had made a case for the award of compensation in the exercise of the jurisdiction under Article 226 of the Constitution.
The Court concluded, “The facts, therefore, bring out the urgent necessity of ensuring that the identity of the person is established clearly before any arrest/detention is made by the Police officials, either in the execution of a warrant issued by the court or otherwise.”
Accordingly, the writ petition was dismissed.
Cause Title: Shalet v. State of Kerala and Ors. (Neutral Citation: 2024:KER:46733)
Appearances:
Petitioner: Advocates V. Jayapradeep, Ann Susan George, O.A. Nuriya, D.S. Lokanathan, Alan Priyadarshi Dev and Anisha Emerson.
Respondents: Sr. GP Thushara James and Advocate Mansoor B.H.
