'Cannot Be Tolerated': Madras High Courts Asks Govt To Report On Action Taken Against Abuse Of Power Among Higher Police Officials

Justice SM Subramaniam also cited instances of allegation in the public domain, as follows:

"Already there are several such allegations in the public domain regarding the usage of black film in the official vehicles by the higher officials of the police department, misuse of the department's name in the private vehicles, abuse of police force in the name of orderly in their residences or otherwise and several such allegations are either unnoticed or no action has been taken by the Government."

The court further observed that when these allegations existed in the public, the government was expected to initiate appropriate action to control the abuse of power by these higher authorities. The court also held that such allegations against police officials would lead to deterioration and result in unconstitutionality and therefore could not be tolerated.

The court was making the above observations in respect of a petition regarding overstay in government quarters, in violation of rules.

The court observed that a Division Bench of the court had confirmed a single bench order directing the writ petitioner to vacate the quarters. Even though this order was confirmed in 2014, the petitioner vacated the premises in 2022. Further, the authorities concerned had not filed any report with respect to the actions taken in this regard.

The court was of the opinion, not every illegality can be condoned. Hence, the court directed the Government to address the issue and report on the actions taken by the Government with respect to the abuse of power by higher police officials.

The matter has been posted to 21.06.2022 for report/counter of the government.

Case Title: U. Manickavel v. State rep. by Secretary and others

Case No: WP No. 2627 of 2014