Kerala High Court Issues Warning on Unacceptable Conduct by Police Officer

Kerala HC Law Insider

LI Network

Published on: February 16, 2024 at 16:10 IST

In a recent development, the Kerala High Court has issued a stern warning, indicating its intention to frame charges and initiate contempt proceedings against a police officer.

The officer allegedly used prohibited abusive language against an advocate at the Alathur Police Station in Palakkad district.

The Court directed the Sub-Inspector (SI) and Station House Officer (SHO) of the police station to provide a reply in the matter.

Justice Devan Ramachandran, considering the affidavit filed by the SI, expressed concerns about the contradictory nature of the response. The Court highlighted the inconsistency between the denial of contempt and the submission of an unconditional apology. While the Court acknowledged the request for an additional affidavit from the advocate, it emphasized that such actions were undertaken for the sake of fairness.

The Court strongly criticized the vagueness and contradictions in the SI’s reply, noting the absence of a clear acknowledgment or denial of the use of abusive language. It questioned the adequacy of the response in a contempt case, expressing dissatisfaction with the lack of clarity.

The Court also rebuked the cop’s claim that the alleged incident resulted from the “heat of passion” and “pressure of circumstances.” It emphasized that police officers are trained to handle such situations and that the excuse of pressure cannot justify inappropriate behavior.

The Court firmly asserted that the combination of pressure and bad behavior is unacceptable, emphasizing the importance of police training in maintaining composure. It warned of the possibility of initiating criminal contempt proceedings and framing charges against the police officer for using abusive language, as prohibited by a previous Court judgment.

In a related development, the Court considered the reply filed by the SHO, allowing the petition to dispense with his appearance.

State Police Chief Shaik Darvesh Saheb assured the Court of steps to transform the police department, following which an additional circular was issued to ensure appropriate behavior and prevent the use of abusive language by police officers.

case titled: Mahesh v Anilkant & Connected Matters,

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