Cannot charge citizens for questioning authority of police in plain clothes: Kerala High Court

If a police officer on duty is not wearing his/ her uniform, individuals who question the said officer's authority cannot be booked for obstruction, the Kerala High Court recently ruled (Avinash v State of Kerala). .Justice Mohammed Nias CP held so while quashing a case registered against an individual for questioning a police officer in plain clothes.In its order, the Court emphasised the necessity for police officers to wear their statutorily-mandated uniforms while on duty, as the same sets them apart and citizens can recognise them easily. "The uniform of a police man is his direct identification. A policeman in uniform is visible and a citizen immediately knows that he is a police man which will inform that the said individual is in charge of his protection and prevention of offences. It carries an undeniable symbolic value besides representing the State authority. The police uniform also symbolises pride, respect and authority over the citizens," the order stated. .The Court asserted that this requirement must be enforced completely and remarked that it has to ask police officers to appear in uniform before the Court on several occasions. "The requirement of the police officer to wear uniform while in duty is to be enforced without exception. There has been instances where this court had to remind the police officers to appear in Court in full uniform in the course of their official duty. This Court had also directed the officers under the Motor Vehicles Department to wear uniform prescribed under Rule 406 of the Kerala Motor Vehicle Rules, 1989 and the corresponding circulars to be implemented and to wear the uniform prescribed therein," the Court said..It, therefore, directed the State Police Chief to look into the matter and issue appropriate directions to ensure that officers comply with the relevant statutory provisions and guidelines that make it mandatory to don the uniform while on duty. .The Court issued the order on a petition filed by a lawyer seeking to quash a final report filed against him for allegedly obstructing a police officer from discharging his duty, by shoving and abusing them while on traffic duty. The official was seen pasting a sticker on the lawyer's car parked near a 'No Parking' sign.The petitioner, represented by advocate P Arun Kumar, challenged the report and proceedings against him.Kumar contended that the report of the Assistant Commissioner of Police (Special Branch) submitted before the Kerala State Human Rights Commission, pursuant to the complaint of the petitioner, clearly found that there was a lapse on the part of the police which resulted in the petitioner acting against the officer.As the Civil Police Officer was in plain clothes and not in his uniform while he was posting the sticker, the petitioner, unaware of his job, questioned his authority on bonafide grounds, the petitioner claimed.As such, none of the allegations levelled made out any offence, it was added..Justice Nias concurred with the petitioner and opined that as the officer was in plain clothes, the petitioner could not have known that he was a civil police officer. Moreover, no intention to obstruct the duties of the officer can be established from the reports or the chargesheet, the Court found. The petitioner had remitted the fine imposed for parking in a no-parking zone, the Court observed and therefore allowed the petition by quashing the final report. "I have no hesitation, for the reasons stated above to quash the final report. The continuance of the proceedings will be a sheer abuse of the process of the court, as no purpose will be served by a trial in the aforesaid circumstances and to secure the ends of justice, this petition under Section 482 of the Cr.P.C. is liable to be allowed," the Court stated. .Before parting, however, the Court highlighted the need for police officers to wear uniforms while on duty.It opined that this is a statutory requirement especially since Sections 43 and 44 of the Kerala Police Act not only speak of the uniform and vehicles used by the police but mention that it has to be distinctive, exclusive and easily identifiable and states why this is required."Since the police officer takes pride in his/her uniform and the visibility of a police officer is very critical for the police and the society, the requirement of wearing the same while on duty except where deviations are permissible, shall be scrupulously observed," the Court ordered.[Read Order]