Police Misbehaviour Can't Be Tackled By Issuing Circulars, Superior Officers Will Be Personally Responsible For Overlooking Misdemeanor: Kerala HC

The Kerala High Court on Thursday directed the State Police Chief to file a further report on the manner in which its directions insisting the Police to behave well with the citizens were being complied with. 

Justice Devan Ramachandran, on being informed by the Government Pleader Joshy Thannickamattom, that a circular had been issued by the State Police Chief in this regard, observed that, 

"It is not merely sufficient that, the State Police Chief issues circulars, but it should be ensured that every Police Officer adheres and abides by the same. The compliance report is woefully wanting in this regard, since it merely says that a circular has been issued. This Court certainly requires further information from the State Police Chief, as to the manner in which the above mentioned Circular has been implemented across the State and among all the officers in the hierarchy of ranks".

The Court also issued a warning that if the superior authorities were not taking necessary action in cases of misdemeanor and misfeasance by the officers, the Court would have no qualms in holding them personally liable for the same. 

The matter was brought to the attention of the Court in a petition filed by JS Anil alleging harassment by police who went to the extent of subjecting his minor daughter to verbal abuse.

The Court had accordingly, ordered that the use of disrespectful words to address the citizens could not be tolerated, and directed the State Police Chief to issue necessary instructions, by way of a Circular or otherwise, to all members of the Force under his command that they shall address the citizens using acceptable vocatives. 

The Counsel for the Petitioner, Advocate Nayana Varghese, informed the Court today that in spite of the issuance of the circular, as well as the efforts of the Court, there had been "consistent news of misbehaviour by Police Officers, including with complainants and witnesses". 

"...good behaviour and civilized conduct by Police Officers is not merely desideratum, but an obligation. It is, therefore, not merely sufficient that, the State Police Chief issues circulars, but it should be ensured that every Police Officer adheres and abides by the same", the Court remarked.

The Court further added that, 

"Unless it is made known to all officers that their misdemeanor and violation of the various judgments and orders of this Court will not be tolerated and they will be accountable for the same, no real change is possible; and the directives of this Court would remain merely on paper". 

The Court observed that this could not be allowed, and the State Police Chief would have to demonstrate that the judgments of the Court were being implemented, obeyed and adhered to by everyone in the Police Force, in its letter and spirit.

The Court has thus, adjourned the matter to 10th November, 2022, within which time the Authority was directed to file the Action Reports. 

Case Title: Anil J.S. v. State of Kerala 

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