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2011 Supreme(Ker) 168

High Court of Kerala
THOTTATHIL B. RADHAKRISHNAN & S.S. SATHEESACHANDRAN
S. Aslam & Another
Versus
State of Kerala, Represented by the Secretary, Department of Home Affiars, Thiruvananthapuram & Others
WP(C).No.4508 of 2011 (K)
Decided on : 17-02-2011

Advocates Appeared:
For the Petitioners:Manoh Ramaswamy, K.T. Thomas (Kannampallil), Advocates.
For the Respondents: R1 to R3, T.K. Vipindas, Govt. Pleader.

Headnote:

Kerala Police Act, 1960 - Section 17E - Constitution of India, 1950 - Article 226 - Indain Penal Code, 1860 - Section 166 - Writ Petition is filed alleging that the 4th respondent Assistant Sub Inspector of Police has ill-will against the petitioners on account of certain reasons attributed to a crime case registered as Crime of the Police station - Held, Even apart from the provisions contained in S.17E of the Police Act, the law is fairly well settled that every police officer is duty bound to ensure that he shall act in strict conformity with the laws - Conditions of service of such an establishment oblige the personnel to act only within the frame work of the Constitution and the laws. In an establishment with a hierarchy of officers in administration, every superior officer is duty bound to ensure that the subordinate does not breach the law and acts only in strict conformity with the laws - Court direct the petitioners to appear before the 2nd respondent, before whom it is stated that they have filed - Order Accordingly

Judgment :-

Thottathil B. Radhakrishnan, J.

1. This writ petition is filed alleging that the 4th respondent Assistant Sub Inspector of Police has ill-will against the petitioners on account of certain reasons attributed to a crime case registered as Crime No. 3028/2010 of the Kottarakkara Police station. The 1st petitioner is stated to have been released on bail in that case. It appears that the daughter of the 4th respondent is the alleged victim in that case, which is at the stage of investigation. The 2nd petitioner is the mother of the 1st petitioner. They say that at the instructions of the 4th respondent, the 3rd respondent is harassing the petitioner. It is submitted that there is also a demand for money. The learned Government Pleader, on instructions, states that there is no case of harassment and the 1st petitioner was required to appear before the investigating officer on all wednesdays and the mother had come over to the police station along with 1st petitioner requesting that the said condition be waived by the police. Such a request could not have been accepted by the police since the judicial order will continue to govern the parties unless modified by the court.

2. Chapter IIIA of the Kerala Police Act, 1960 was inserted by Act XXI of 2007 with effect from 7.4.2007. It provides for, among other things, Police Complaints Authority in Section 17E. It provides for the establishment of a Police Complaints Authority at the State level; Police Complaints Authorities at the District level, called ‘the District Authority’. Those authorities are bestowed with statutory duties and powers. The State Authority shall look into complaints of grave misconduct of all types against police officers of and above the rank of Superintendent of Police and serious complaints against officers of other ranks relating to molestation of women in custody or causation of death to any person or infliction of grievous hurt to any person or rape. The District Authority is to look into complaints against police officers of and up to the rank of Deputy Superintendent of Police. The State Authority is to be headed by a retired Judge of a High Court and the District Authority is to be headed by a retired District Judge. The District Collector and the District Superintendent of Police are members of the District Authority. The State Authority and the District Authorities have powers to summon and to record evidence etc. Sub-section 8 of Section 17E enjoins that all agencies of the Government shall render all possible assistance to the authority or authorities in respect of production of documents, examination of records etc. The recommendations of the Authorities, for any action, departmental or criminal, against a delinquent police officer shall be binding in so far as initiation of departmental proceedings or registration of a criminal case is concerned. This is specifically provided for in sub-section 9 of Section 17E. Such recommendations shall, however, not prejudice the application of mind by the enquiry officer or the investigating officer when he is conducting the departmental enquiry or criminal investigation, as the case may be. A survey of the aforesaid and other provisions of the Police Act and also of other laws, including criminal laws, particularly the Indian Penal Code, would show that if appropriately considered and applied, the provisions in Section 17E contain sufficient teeth to protect the life and liberty of citizens who complain about police harassment. Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, is liable to be punished in terms of Section 166 of the Indian Penal Code with simple imprisonment for a term which may extend to one year, or with fine, or with both. This is a non-compoundable offence. Though non-cogn





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