'No Citizen In This Nation Is Lesser Than The Other': Kerala High Court To Police Officers In Matter Involving Use Of Abusive Vocatives By Cop

State Police Chief Shaik Darvesh Saheb who appeared before the Court online informed the Court that steps are being taken to transform the police department. He assured the Court that an additional circular would be issued containing a stern warning to all officers to ensure that no abusive vocatives would be used against citizens.

On interaction with the State Police Chief, Justice Devan Ramachandran observed thus:

“The State Police Chief asserted that the intent of this Court cannot be violated and that no officer can be allowed to act in a manner contrary to it including by the use of prohibited vocatives like 'eda', 'podi' and 'nee'….He added that he would also issue a further circular as a stern warning to every officer to ensure that no citizen is addressed in the manner as alleged in this incident." 

Further, the Court observed that the police officers, being public servants have to treat every citizen with respect as mandated by the Constitution of India.

“I must record for the purpose of clarity to all the officers that no citizen in this nation is lesser than the other. This is how our paramount document, the Constitution of India defines each of us. We are a republic, as our preamble asserts, and this means that every citizen is a sovereign. Police officers are public servants and inevitably they have to deal with their “masters” with the respect that the constitution stipulates.”, the Court stated.

The Court further stated that it would be unfortunate if police officers were allowed to behave as they please with the citizens. It stated that police officers were given strict training to maintain their composure even in the most difficult situations. The Court remarked that police officers should not be guided by anger and must maintain their composure. It remarked that citizens should respect the police force out of their respect for the law and not out of fear.

The Court further stated that quick and strong actions should be taken against officers who violate the order of the Court and misbehave with citizens. It stated that only quick and strong actions would act as a deterrent.

The State Police Chief also informed the Court that the impugned police officer has been transferred and has been given a warning. The Court was also informed that enquiry proceedings were initiated against the officer and actions would be taken ba'sed on the enquiry report.

On finding that the allegations raised against the police officer were prima facie serious in nature and since he has used prohibited abusive vocatives, the Court has issued a notice to the concerned police officer. It stated that the police officer could engage a lawyer or could appear in person.

The matter has been posted for further hearing after two weeks for the issuance of an additional circular. The Court has requested the presence of the State Police Chief on the next hearing date also.

Background

The Court passed the above order in a contempt petition filed alleging a violation of the directions issued by the Court in an earlier judgment. It had ordered the police officers to refrain from using disrespectful words to the citizens.

The Court was informed that the directions of the Court had been complied with by issuance of a circular. Responding to the compliance report, the Court issued an order stating that the issuance of mere circulars was insufficient and that the State Police Chief has to ensure that every police officer adheres to good behaviour and civilized conduct.

Counsel for the petitioner: Advocates Yeshwanth Shenoy, Dhanuja M S

Counsel for the respondent: Government Pleader Sunil Kumar Kuriakose

Case title: Mahesh v Anilkant

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