2023 Supreme(Online)(Ker) 74165
KERALA HIGH COURT
*S. Manikumar, C. J., Murali Purushothaman, J.
Jayakumar J v. Chief Secretary Govt. of Kerala
W. P. (C) No. 2255 of 2019
Writ petition dismissed as no unauthorized police squads were found operating in violation of the law.
Headnote:The petitioner seeks writs to disband illegal police squads in Kollam, citing violations of the Kerala Police Act, 2011. The court finds that no unauthorized squads exist as claimed by the petitioner. Hence, the writ petition is dismissed as no grounds for further adjudication are present.
| Table of Content |
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| 1. petitioner seeks writs against illegal police squads. (Para 1 , 2) |
| 2. government assures no unlawful squads operate. (Para 3) |
| 3. the court finds no grounds for further proceedings. (Para 4 , 5) |
1. In this writ petition, petitioner has sought for the following reliefs:
"i. To issue a writ of mandamus or any other appropriate writ, order or direction to the respondents 1 to 3 to disburse all illegal squads in Kollam district Police working under DYSP, SP and ASP.
ii. To issue a writ of mandamus or any other appropriate writ, order or direction to the respondents 1 to 3 to strictly comply and adhere S.21 of the KP Act, 2011 along with Police head Quarters (Circular No - 29/2010) (Ext P1).
iii. To direct the first respondent to pass appropriate orders on Exhibit P5."
2. Short facts leading to the filing of the writ petition are as under:
2.1. Against the practice of forming squads of police officers in District Police, Kollam by violating the order of the Government and State Police Chief, the petitioner approached the higher ups and the Government. For effective action to ban the said illegal squad system as per the circular and the Kerala Police Act, the petitioner filed this public interest litigation.
2.2. "Squad" is a group of police officers under the DYSP, ASP and SPs and are acting like parallel police station. There is no provision of police squad system in the Code of Criminal Procedure and the Kerala Police Act. Only the Government can appoint special team for investigation purpose. A circular was issued by Police Head Quarters (Circular No.29/2010) banning the power of higher police officers in forming squads for their special interest. After the said circular, the concerned District Police officers in all Districts withdrawn the practice of squad system except in Kollam. In Kollam, the officers are using squad by transferring police personnel from police station to their offices.
2.3. It is submitted that as per the relevant provisions of law and going by Exhibit P1, the higher police officers have no power to form squads and act as parallel police station without the authorisation of the Government. Though the petitioner made many complaints to stop the illegal squad activities at Kollam District before respondent Nos.1 to 3, no effective actions were called for. Hence this writ petition.
3. On the basis of the statement dated 07.02.2019 filed by the District Police Chief, Kollam Rural, copy of which is produced before this court, Mr.V. Tekchand, learned Senior Government Pleader submitted that no unauthorised police squads are functioning in Kollam Rural Police District. The District Police Chief, Kollam Rural, has also undertaken that no such squads in violation of law and departmental circular will be permitted to form by any officer within the jurisdiction of Kollam Rural Police District. It is also submitted that a detailed enquiry has already been conducted in respect of Exhibit P5 representation.
4. Relevant portion of the statement reads thus:
"2. It is submitted that no squad or any unit of officers for delegating the functions of any DySPs / CIs / SIs is functioning in Kollam Rural police district. No such squads are authorized or involved in self discovered or self assigned activities in detecting crime or nabbing wrong doers. It is submitted that assistance of police personnel is being given to the investigation officer or officer in charge of police stations upon their request for aiding the investigation. Additional man power service of police officers who are not working in police station is not formation of squad and it is only for aiding investigation of individual cases. Paragraph 6 of Circular No. 29/2010 dated 07.06.2010 (produced as Exhibit P1 in the Writ Petition) also authorizes District Police Chief to allot police personnel for the purpose of investigation. The same cannot be styled as formation of squad as alleged by the petitioner. In important cases wherein crime network is beyond t