‘Police Immediate Protector Of Citizens’: Orissa High Court Pulls-Up Police Officer For Misbehaving With Parents Of Kidnapped Minor Girl

The Orissa High Court recently reprimanded a police officer for allegedly misbehaving with the parents of a kidnapped minor girl. While passing order to the said officer to behave in a ‘dignified manner’, the Division Bench of Justice Sangam Kumar Sahoo and Justice Chittaranjan Dash observed,

“Insensitive behaviour on the part of police personnel is not at all acceptable, especially when a minor girl is suspected to have been kidnapped. The mental maladies of guardians must not be thwarted by police officials in such callous manner.”

The Court was hearing a habeas corpus petition filed by the parents of a minor girl who was allegedly kidnapped from their custody. The counsel for the State produced the status report submitted by the Inspector-in-Charge (IIC) of Town Police Station, Phulbani informing about steps taken by the police to find out the victim girl.

The police alleged that the parents of the girl did not disclose anything in their statements under Section 161 of the Cr.P.C. It was also conveyed to the Court that their house was found locked and mobile phones were switched off.

However, it was submitted on behalf of the petitioners that when they approached the police with a request to trace their daughter, the IIC misbehaved with them. The counsel for the petitioner sorrily informed the Court that the behaviour and language of the said police officer towards the petitioners were the most unfortunate things.

“A minor girl is missing from the custody of her parents. It is not acceptable on the part of police to use such language being insensitive to the miseries of the parents. Who else is supposed to be approached by parents in such cases?” Justice Sahoo immediately retorted.

Upon such oral remarks from the Bench, the Government counsel assured the Court that she will take care that the IIC does not repeat the same.

The Court recorded in its order that if such allegation against the police is found to be true then it is an unfortunate state of affair. It went on to reproduce the observations made by the Supreme Court in Yakub Abdul Razak Memon v. State of Maharashtra, wherein the role of police has been summarised in the following words:

“As mentioned earlier, the police officials are the foundation for the existence of the rule of law; if they collapse the whole system indeed breaks down. Hence, they have the sensitive responsibility to defend the safety and security of the people at all times. Law empowers them with numerous powers to prevent and control crimes like terrorism affecting internal security. They should always remember that when they fail in their duty they eventually fail the society as a whole.”

Having regard for the above observations of the Apex Court, the Division Bench remarked:

“Therefore, it is important to remind the Police Department that they are the immediate protectors of common citizens and having been entrusted with such a vital responsibility, they are required to respond to the calls of duty in the most efficacious manner. Any failure on their part would render the entire society dysfunctional.”

The Court was hopeful that the IIC would behave with the petitioners properly in a dignified manner and give all kinds of support and assurance and also provide information to them regarding the steps that have been taken by the police to rescue their minor daughter.

The IIC was ordered to remain present in person before the Court on November 6, 2023 with the up-to-date case diary and instructions regarding the steps taken by the police to rescue the victim girl.

Case Title: Jagannath Panda & Anr. v. State of Odisha & Ors.

Case No: WPCRL No. 177 of 2022

Date of Order: October 9, 2023

Counsel for the Petitioners: Mr. Jagannath Bhuyan, Advocate

Counsel for the State: Smt. Saswata Patnaik, Addl. Govt. Advocate

Click Here To Read/Download Order