'Pressure Of Circumstances & Bad Behavior Will Not Go Hand In Hand': Kerala HC Warns Of Contempt Action Against Cop Who Used Abusive Vocatives

Considering the reply affidavit filed by the SI (first respondent), Justice Devan Ramachandran observed thus

“Needless to say the stand in the affidavit is contradictory because when he says he did not commit any contempt, one wonders why he has tendered an unconditional apology. The Counsel sought permission for her client to file an additional affidavit. I propose to accede to the afore request only by way of fairness though normally this Court could have taken further action under the Contempt of Courts Act based on the reply already filed.”

The Court today came down heavily upon the reply filed by the first respondent-police officer. It stated that the reply was vague and contradictory. It found that the reply does not mention whether he has used abusive vocatives or not. It stated that without admitting as to whether he has used abusive vocatives, an apology was sought which seems to contradict. “Where have you said that I have not said so, or I have said so…What kind of a reply is this…..Is this the manner in which a reply is filed in a contempt case”, enquired the Court orally.

The Court stated that the reply filed by the cop states that the alleged incident was a result of heat of passion and pressure of circumstances. The Court orally stated that nobody was pressurizing him to stay as an officer if he could not handle pressure since all police officers were given training to handle such circumstances.

“We are all under the trust of the people. Pressure in circumstances and bad behavior will not go hand in hand… there is a police training…why do they come out and abuse people”, stated the Court orally. It also stated that it can initiate criminal contempt and frame charges against the police officer for using abusive vocatives prohibited by way of a judgment of the Court.

Considering the reply filed by the SHO (second respondent) through Government Pleader Sunil Kumar Kuriakose, the Court allowed the petition to dispense with his appearance. 

Earlier, State Police Chief Shaik Darvesh Saheb had appeared online before the Court and ensured that steps would be taken to transform the police department. The Court had directed the State Police Chief to ensure civilized police behaviour from the police department. Pursuant to the directions of the Court, an additional circular by the State Police Chief for ensuring appropriate behaviour from police officers towards the citizens and for preventing the usage of abusive vocatives against citizens.

Case title: Mahesh v Anilkant & Connected Matters

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