'Not All Police Officers Behave Like That': Kerala High Court In Plea Against Police Brutality & False Registration Of FIRs Against Advocates

The reliefs sought in the plea are for the issuance of guidelines to be followed while registering cases against Advocates, guidelines to be followed by police officers while interacting with Advocates and a fast-track adjudication of complaints against police officers who misbehaved with Advocates.

Justice Devan Ramachandran issued notice to the respondents. The Court orally remarked that an isolated incident cannot be taken and generalized.

“Not all police officers behave like this…I have taken it seriously. I am sure not all police officers behave like that, I cannot make a general statement.”, the Court stated orally.

The plea stated that multiple incidents have happened in recent years in Kerala where the police have harassed, beaten up, tortured, and filed FIRs against Advocates. The plea has also referred to the recent incident in Alathur in Palakkad district where a police officer used abusive vocatives against an Advocate. In the Alathur incident where the Advocate was mistreated and harassed, two FIRs were also registered against the Advocate by the police.

The plea has also referred to many instances where the Advocates were mistreated while carrying out their duties and subjected to police harassment. It further stated that there has to be meaningful redressal from the part of the system to prevent police brutality and to prevent the registration of frivolous FIRs against Advocates.

Further, the plea averred that there were no guidelines, directions or rules in place for governing the conduct of police officers when they engage with Advocates professionally. Additionally, the plea stated that no material developments have taken place over the Draft Advocates Protection Bill, 2021.

“It is imperative that measures be put in place to safeguard members of the profession and prevent instances of the nature described above in the future. If the same is not done, lawyers may be intimidated, harassed, hindered or otherwise interfered with during the course of their professional duties which can lead to crippling of the legal system and strike the very foundation of the lives of citizens” , added the plea.

The plea thus wants to ensure the safety and security of advocates while carrying out their professional duties by the issuance of guidelines from the Court.

The Alathur incident is under the consideration of the Court in a contempt case where a circular was issued directing police officers to refrain from using disrespectful words to citizens. In the contempt case, the Court has already directed the State Police Chief to ensure civilized police behaviour and to come up with an additional circular containing a stern warning to all officers to ensure that no abusive vocatives would be used against citizens. Earlier, another writ petition was also preferred before the Court seeking protective legislation for the safety of members of the law community.

The Court will be hearing the matter along with the Contempt case on February 6, 2024.

The petition is moved by Advocates Santhosh Mathew, Arun Thomas, Mathew Nevin Thomas, Shinto Mathew Abraham, Anil Sebastian Pulickel, Joe S. Adhikaram, Kurian Antony Mathew, Veena Raveendran, Karthika Maria, Abi Benny Areeckal, Karthik Rajagopal

Case title: Kerala High Court Advocates' Association v State Of Kerala

Case number: WP(C) 3543/2024