Madras High Court criticizes Police for failing to assist Court

Shivangi Prakash

Published on: August 16, 2021 11:39 IST

The Madurai Bench of the Madras High Court granted Bail to 24 individuals accused of ransacking a Police Station and abducting an accused in Thanjavur last month while criticising the State police for failing to assist the Court adequately.

Despite the fact that the Court ordered the involved police inspector, as well as the DSP and SP, to come before the Court, none of them did so at the virtual hearing.

Even the records requested by the Court through the Government’s attorney were not provided, causing the Court to postpone its decision.

The action of the Police was taken seriously by Justice B Pugalendhi.

Pugalendhi warned that the officials involved could face charges under various sections of the Indian Penal Code, including Section 174 (Non-attendance in obedience to a public servant’s order), Section 179 (Refusing to answer a public servant authorised to question), and Section 187 (Omission to assist a public servant when required by law).

The judge also took judicial note of the fact that in almost every complaint in the State Section 506(ii) (Punishment for criminal intimidation) of the Indian Penal Code is included purposely to make the case non-bailable. 

Justice B Pugalenthi has asked the Home Secretary and Director General of Police to investigate the situation and issue necessary instructions to officials in order to prevent similar incidents in the future.

It is the responsibility of the investigation agency to identify and place the real facts before the Court, the Judge said. 

The investigating police were also urged by Justice B Pugalenthi to collect images and recordings of crime scenes so that they may be presented to the Court for a better understanding of the cases.

Unless these are done, a just decision cannot be made by the Court, the Judge added.

In the case at hand, the police later produced certain images and recordings, but the judge concluded that, in addition to the true suspects, witnesses had also been implicated in the case.

The case was the ransacking of Thanjavur’s Madukkur police station on July 14, 2021.

A number of people protested in front of the Police Station, demanding the release of Senthil, a political party member who was detained by the Police.

The mob allegedly destroyed the police station, threatened the officers with suicide, and removed the accused from the station, prompting the police to file a criminal complaint against 49 persons.

Also Read: Delay in Trials – A Disgrace to Indian Law System

Related Post