The Supreme Court recently sought the State of Kerala's response on a plea filed by the Kerala Police Officers’ Association challenging the High Court’s recent guidelines that restrict arrest of persons within court premises without the presiding judge’s permission [Kerala Police Officers' Association vs. State of Kerala & Ors.].
A Bench of Justices Surya Kant and Joymalya Bagchi issued notice on the petition which said that the High Court’s directions have created operational hurdles for law enforcement and are inconsistent with the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Kerala Police Act, 2011.
The petition has challenged the Kerala High Court’s August 19 order passed in a suo motu case concerning clashes between lawyers and police in court premises.
In that case, the High Court had framed a detailed set of guidelines governing police conduct within court premises, including a direction that no person should be arrested during court hours without prior intimation to the presiding officer.
The guidelines further provided that the term “court premises” would include not just the courtroom, but also all appurtenant buildings, structures and land, excluding residential quarters.
Arrests, it said, would only be permitted without prior intimation in two limited situations - when immediate action was necessary to prevent a cognisable offence or when executing long-pending warrants against absconding accused.
The High Court had also ordered the constitution of grievance redressal committees at both the State and district levels, comprising representatives of the Bar and the police, to address disputes between the two.
The guidelines came in the backdrop of widespread protests by lawyers in Kerala after an altercation between an advocate and police officials at the Judicial First Class Magistrate Court in Alappuzha district's Ramankary.
According to the plea filed by Police Officer's Association before the apex court, the High Court had exceeded its jurisdiction by framing rules “over and above” existing legislation.
As per the petition, the BNSS already lays down comprehensive provisions governing the power and procedure of arrest, and the High Court’s directions effectively modify those statutory safeguards.
The High Court’s order amounts to judicial legislation and intrudes into a domain reserved for the legislature, it was contended.
Police officers have a statutory duty under the BNSS to execute warrants promptly, regardless of location, and that no law authorises prior permission from a judicial officer before making an arrest, it was submitted.
The petition was filed through advocate Amith Krishnan H
[Read Order]