Plea In Kerala High Court Against Police Misbehaviour, Seeks Compensation For Wrongful Death Of Student In Car Chase

A plea has been moved before the Kerala High Court against police misbehaviour seeking compensation for the wrongful death of the petitioner's son.

The petitioner is the mother of Muhammed Farhaz who died due to a police chase on the 25th of August 2023. The petitioner alleges that the victim along with 3 other students had left the school in a car for the Juma prayers and had been stopped by the accused police officers of the Kumbla Police Station. The students had started the car following a violent outburst from the officers, resulting in a chase.

The petitioner relied on the provisions under Section 5(f) to argue that no two-wheeler rider should be pursued in a hot chase in order to book them for failing to wear a helmet.

The petitioner submits that the settled rule is that if a person drives past at breakneck speed without wearing a helmet or if they fail to stop, their vehicle registration number can be recorded, and the details of the vehicle ought to be transmitted through wireless or any other mode.

The plea argues that the accused exceeded the power vested in them during this interaction, going on to state that they “did the act with the knowledge that they are likely by such act to cause death of the son of the petitioner and thereby commits the offence of culpable homicide”.

The petitioner submitted that the police officials concerned had registered a false against these students, and following public outrage at their actions, the concerned officials were then transferred to another station. They added that although they had submitted the necessary documents under the Right to Information Act, they had yet to receive any information relating to the incident.

As such, they sought for the court to issue directions to award compensation for the wrongful death.

The matter is posted for 19th April 2024.

Case Title: Safiya v. State of Kerala and ors.

Case Number: WP(C) 15558 of 2024