Police Officers Accountable To People, Bad Behaviour Will Not Be Countenanced Or Tolerated: Kerala High Court

The Court was also informed by the State Police Chief Shaik Darvesh Saheb who appeared online that an additional circular (Circular. 2/2024/PHQ dated 30.01.2024) was issued for ensuring appropriate behaviour from police officers towards the citizens and for preventing usage of abusive vocatives against citizens.

“I am certain that the State Police Chief will raise to the occasion and contents of the circular will not be reduced to mere words… Therefore, the intent of this Court is to inform every officer that they are accountable to people and bad behaviour will not be countenanced or tolerated”, stated Justice Devan Ramachandran.

The Court added that, “ It may be that a few officers are guilty of such actions, but the stigma would be cast upon the entire force thus creating an affront on the collective dignity of the officers as also the citizens.”

The Court found that at least ten circulars were issued since 1965 and even then untoward incidents like this keeps happening in the state. It stated that if instances of bad behaviour like this keeps happening, that would mean that the circulars were not taken seriously by the police officers.

“The State Police Chief has appeared online today also and informed this Court that he has issued a circular dated 30.01.2024…Prime facie, the circular appears to be an order and this Court is clear if directions are properly implemented, perhaps, there would be a change in the ground level. In fact the State Police Chief affirmed that it is his resolve to modernize the police force in our state which he asserted to be one of the finest in the country, if not the finest. “

The order has been passed in connection with a recent incident in Alathur Police Station in Palakkad district where a police officer used abusive vocatives against an advocate. In the last postings, the Court had directed the State Police Chief to ensure civilized police behaviour. It had directed the State Police Chief to issue an additional circular for ensuring refined and sophisticated behaviour from the police officer and for prevention of usage of abusive vocatives against citizens.

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.

Recently, the Kerala High Court Advocates Association(KHCAA) had also approached the Court aggrieved by police brutality and registration of false FIRs against Advocates on frivolous reasons in the wake of the Alathur Police Station incident.

The matter has been posted after two weeks.

Government Pleader Sunil Kumar Kuriakose appeared in the matter. 

Case title: Mahesh v Anilkant & Connected Matters

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