Point of law : State Police Chief should appositely remind all officers of their unexpendable obligation to treat and address citizens with respect

JUDGMENT :

inviolable essential for Police Force to act with self control and tolerance and to treat citizens with respect and courtesy have already been spoken affirmatively by a learned Division Bench of this Court in Siddique Babu v. State of Kerala (2018 (5) KHC 576). However, instances of allegations to contrary are still arriving at doors of this Court with alarming regularity and therefore, I feel it necessary to issue certain general directions in this judgment, apart from deciding specific factual assertions of petitioner.

2. petitioner has approached this Court making several accusations against fourth respondent - Sub Inspector of Police, who, he says, has been harassing him constantly and even subjected his daughter to verbal abuse. petitioner says that fourth respondent also attempted to foist various complaints against him; and consequently that he was left without any other remedy but to have approached this Court through this writ petition.

3. afore submissions of petitioner, made by his learned counsel-Smt. Ansu Sara Mathew, were countered by learned Government Pleader-Sri. E.C. Bineesh, submitting that truth is not as has been averred by petitioner. He submitted that an “Action Taken Report” on allegations of petitioner has been placed before this Court, through his memo dated 30.07.2021, wherein, it has been explained that on “one day in April 2021”, while fourth respondent -Sub Inspector of Police was on COVID enforcement duty, petitioner's minor daughter and certain other people were seen gathered in former's Supermarket by name “Priya Supermarket” violating COVID–19 protocols and therefore, that he issued a notice to them and explained necessity of complying with said protocols.

4. learned Government Pleader, thereafter, submitted that on 20.04.2021, petitioner was found by same Officer in Supermarket without a mask and without taking adequate steps to ensure social distancing among his customers; and that he was, therefore, imposed a fine of Rs.500/- under provisions of Kerala Epidemic Disease Ordinance, 2020. He then added that petitioner continued to violate COVID–19 protocols with impunity and resultantly that Sectoral Magistrate issued him a notice on 24.05.2021 and imposed a fine of Rs.2,000/-.

5. learned Government Pleader further predicated that petitioner was also involved in other offences, which is evident from fact that on 11.05.2021, a lady by name Smt. Radhika Maruthi launched a complaint before Police that he had taken 22 gms of gold from her illegally, but that this was then settled by agreeing to return same; while on 06.05.2021, another complaint was launched against him by a certain Sri. Joy, leading to a crime being registered as Crime No.289/2021, under provisions of Sections 454, 461 and 380 of Indian Penal Code, accusing him of having purchased stolen gold. He explained that investigation into this crime lead to recovery of gold from petitioner and that it has been produced before Judicial First Class Magistrate Court, Thrissur. He thus prayed that this writ petition be dismissed.

6. Before moving on, I must record that on examining afore “Action Taken Report” on 25.08.2021 - when this case had been earlier listed - noticing that certain specific allegations of petitioner had not been adverted to by District Police Chief, Thrissur in it, I issued following order:

“I have examined “Action Taken Report” filed by District Police Chief, Thrissur.

2. There are some issues in this report which are disconcerting.

3. For first, in paragraph 2, District Police Chief refers to “one day in April 2021”, with respect to allegation of petitioner that his daughter was harassed by 4th respondent.

4. For second, paragraphs 3 and 4 refer to repeated offences of petitioner with respect to Covid-19 protocol violations; however, no substantiating documents or materials have been placed on record.

5. As regards