ASLAM Vs. STATE OF KERALA

JUDGEMENT

(1.) This Writ Petition is filed alleging that the 4th Respondent Assistant Sub Inspector of Police has ill-will against the Petitioners on account of certain reasons attributed to a crime case registered as Crime No. 3028/2010 of the Kottarakkara Police station. The 1st Petitioner is stated to have been released on bail in that case. It appears that the daughter of the 4th Respondent is the alleged victim in that case, which is at the stage of investigation. The 2nd Petitioner is the mother of the 1st Petitioner. They say that at the instructions of the 4th Respondent the 3rd Respondent is harassing the Petitioner. It is submitted that there is also a demand for money. The learned Government Pleader, on instructions, states that there is no case of harassment and the 1st Petitioner was required to appear before the investigating officer on all Wednesdays and the mother had come over to the police station along with 1st Petitioner requesting that the said condition be waived by the police. Such a request could not have been accepted by the police since the judicial order will continue to govern the parties unless modified by the court.

(2.) Chapter IIIA of the Kerala Police Act 1960 was inserted by Act XXI of 2007 with effect from 7.4.2007. It provides for, among other things, Police Complaints Authority in Section 17E. It provides for the establishment of a Police Complaints Authority at the State level; Police Complaints Authorities at the District level, called 'the District Authority'. Those authorities are bestowed with statutory duties and powers. The State Authority shall look into complaints of grave misconduct of all types against police officers of and above the rank of Superintendent of Police and serious complaints against officers of other ranks relating to molestation of women in custody or causation of death to any person or infliction of grievous hurt to any person or rape. The District Authority is to look into complaints against police officers of and up to the rank of Deputy Superintendent of Police. The State Authority is to be headed by are tired Judge of a High Court and the District Authority is to be headed by a retired District Judge. The District Collector and the District Superintendent of Police are members of the District Authority. The State Authority and the District Authorities have powers to summon and to record evidence etc. Sub-s.(8) of Section 17E enjoins that all agencies of the Government shall render all possible assistance to the authority or authorities in respect of production of documents, examination of records etc. The recommendations of the Authorities, for any action, departmental or criminal, against a delinquent police officer shall be binding in so far as initiation of departmental proceedings or registration of a criminal case is concerned. This is specifically provided for in Sub-section (9) of Section 17E. Such recommendations shall, however, not prejudice the application of mind by the enquiry officer or the investigating officer when he is conducting the departmental enquiry or criminal investigation, as the case may be. A survey of the aforesaid and other provisions of the Police Act and also of other laws, including criminal laws, particularly the Indian Penal Code, would show that if appropriately considered and applied, the provisions in Section 17E contain sufficient teeth to protect the life and liberty of citizens who complain about police harassment. Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, is liable to be punished in terms of Section 166 of the Indian Penal Code with simple imprisonment for a term which may extend to one year, or with fine, or with both. This is a non-compoundable offence. Though non-cognizable, the recommendations of the competent authority in terms of Section 17E(9) of the Police Act would make it obligatory that a criminal case is registered for offence punishable under Section 166 I.P.C., if so recommended. This example, when appropriately applied to other provisions, would clearly show that the Complaints Authorities under Section 17E have abundant power to ensure that any act of police harassment is appropriately taken note of and redressed.

(3.) The power to take action in a particular situation includes the power to issue orders as may be necessary to ensure that any reasonable apprehension of such illegal acts is also taken note of and preventive orders, which would protect the rights of citizens, are issued.