Whatever Be The Provocation, Policemen Cannot Behave Except In A Civil Manner: Kerala High Court

Justice Devan Ramachandran directed the Police Chief to appear online for an interaction with the Court on June 26, 2024, at 1.45 PM regarding the steps taken to ensure that the police behave civilly to all citizens. It stated thus:

“The police is expected to protect and to preserve but they cannot torment whatever be the provocation. I see a pattern in many of these cases where the defence taken is provocation and hence there was a retort in equal proportion or worse…whatever be the provocation that a police officer may face, he is expected, to behave in a civilized manner in conformity with the constitutional ethos. One cannot find any justification if a contrary conduct is exhibited.”

The Court observed that police should be under watch and there should be no secrecy to ensure that they behave civilly at all times. It stated police should be firm but polite and strong but civil.

The Court thus directed the State Police Chief to look into the matter and decide what kind of action must be taken to regard the police force as a civil one. The Court went on to state that it is very proud of the police force and deemed it as one of the best. However, the Court added that police misbehaviour even from a single officer cannot be permitted since that would tarnish the reputation of the entire force. 

“Gone are the days of colonial imposition, and we are now governed by a great Constitution that treats every citizen as equal. The police have to treat every person with dignity and respect that he is deserving. And obviously therefore, I do not think it is too much for this Court to say any abhorrent behavior will certainly have to be dealt with in a deterrent manner,” stated the Court.

The bench was dealing with contempt petitions initiated for violation of Court's directions to police to not misbehave with the citizens. The Court had earlier issued orders directing the police not to use 'Abusive Vocatives' against the citizens. Pursuant to the directions of the Court, the State Police Chief appeared online before the Court and circulars were also issued to ensure civil behaviour from the police and to prevent the usage of abusive vocatives against citizens.

Case title: Mahesh v Anilkant & Connected Matters

Case number: Contempt Case(C) No. 869 OF 2023(S) In WP(C) 11880/2021 & Connected Matters