Police Can’t Drag Accused Out Of Court Hall, Thereby Disrupting Court Proceedings: Madras HC Pulls Up Cop [Read Order]

‘May be, as contended by the contemnor respondents, the accused Don Santhosh was wanted in several criminal cases including murder cases. The police personnel, however, cannot drag any accused out of the Court hall, disrupting Court proceeding.’

The Madras High Court recently imposed fine on a police officer for dragging an accused who had surrendered before the Magistrate’s Court from court hall to outside.

The bench headed by Chief Justice Indira Banerjee and Justice PT Asha had initiated suo motu contempt against three police officers viz. Robert, Munisweeran and Velan.

In his report, the Magistrate had stated that “the police personnel forcefully dragged the surrendered accused G. Santhosh from the Court hall to outside the Court”.

“May be, as contended by the contemnor respondents, the accused Don Santhosh was wanted in several criminal cases including murder cases. The police personnel, however, cannot drag any accused out of the Court hall, disrupting Court proceedings,” the bench said.

Perusing the affidavit filed by the contemnors, the bench observed that it was only head constable R Robert, who first entered into the court room, while Inspector of Police Munisweeran and driver Velan were waiting outside near the vehicle. The court dropped proceedings against Munisweeran and Velan.

However, with regard to Robert, the court said: “This is not just arbitrary, it is contumacious and the contemnor respondent Mr. R. Robert cannot be let off merely by accepting his apology. We, thus, impose on Head Constable Mr. R. Robert a fine of Rs.500/- (Rupees Five Hundred only). He has also given an undertaking not to repeat such act in any Court in future.”

 Another such incident had happened in a court in Ernakulam, Kerala, when Pulsar Suni, prime accused in an actor’s molestation case, was arrested from ACJM Court, Ernakulam. However, at the time of arrest, the court was not in session.