R MALA Vs. SECRETARY ALANTHUR PAC BANK THIRUPPALAI

JUDGEMENT

(1.) 00 Is it a crime to disobey the illegal orders of the police by the law abiding citizen? 1.01 Blind obedience to any illegal order will lead to chaos. Hence the need of the hour is to educate the people to acquire the moral courage and the mental will power to disobey the illegal orders and challenge the same through legal process. 1.02 Dispensation of justice is the ultimate object of the law. Law abiding citizen is the strength of the law. Justice is normally administered through law courts as per our constitution following the substantial and procedural laws of the land. The administration of justice is a divine duty and it plays pivotal role in any parliamentary democracy. 1.03 Hon'ble former Chief Justice of India, Shri. R.C. LAHOTI delivering the key note address on "Envisoning Justice in the 21st Century", at Joint Conference of the Chief Justices of the High Court and Chief Ministers of the States held at Vignana Bhavan on September 18, 2004 (" Printed in 2005 1 L.W. 33 J.S.) is pleased to observe that-

(2.) THE right of a citizen and the duty of a police officer is involved in this unfortunate episode, came up before me by way of Writ. 2.01 CAN A POLICE OFFICER INTERFERE OR ISSUE ANY ORDER IN A "CIVIL DISPUTE"? 2.02 A simple question but with serious consequences. 2.03 THE spontaneous and emphatic answer would be in the negative. THE law of the land is certain on this point. Yet the police here and there are over-acting with over zealous beyond their jurisdictional arena for variety of reasons. 2.04 In our criminal justice system, the job of the enforcing agency is to prevent the crimes and detect the offences. Its main object is maintenance of law and order. THE police being a preventive and detective wing of the State is expected to discharge its duties within their limits and limitations and as long as they are dedicated to this disciplined duty, the citizens of the society will always appredate, encourage, assist and salute the police for all their legal actions. No civilized society can survive without an organised police.

(3.) HEARD the learned counsel for the petitioner, learned counsel for the first respondent and the learned counsel for the third respondent. Learned counsel for the petitioner ventilated all grievances of the petitioner. Learned counsel for the first respondent submitted that there is a direction from the Inspector of Police/the second respondent herein and hence there is no other way except to obey the same. Learned counsel for the third respondent submitted that since there is a civil dispute between himself and the petitioner, he has approached the police and obtained order and thereafter, he also has filed a civil suit and it is pending and Adinterim injunction has also been granted.