Government must address, act on abuse of power by police officers: Madras High Court

The Madras High Court on Monday came down on officials of the police department for misusing their power, calling upon the State government to initiate action against the errant personnel in such cases [U Manickavel vs State of Tamil Nadu and ors]..In the context of several such allegations coming in the public domain recently, Justice SM Subramaniam stated in an interim order that the same cannot be tolerated as it is in violation of rules and statues."Already there are several such allegations in the public domain regarding usage of black film in the official vehicles by the higher officials of the police department, misuse of department's name in the private vehicles, abuse of police force in the name of orderly in their residences or otherwise and several such allegations are either unnoticed or no action has been taken by the Government. When such allegations are in the public domain and more so, visible, the Government is expected to initiate appropriate action to control such abuse of power by the higher police officials in order to maintain discipline in the force and to ensure public order in the Society," the single-judge noted. The High Court was hearing a plea from 2014 regarding the petitioner, a police official, overstaying in his government-allotted quarters. The petitioner was evicted from the accommodation this year. The plea prayed that the Court issue a writ of certiorari calling for the records relating to Form-C under Rule 8 of the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Rules, by which he was ousted from his quarters. .The single-judge at the outset noted that indiscipline among higher-ups in the police force would have disastrous consequences, which can lead to loss of morale for personnel. "In recent days, there are several such allegations against the higher police officials, which cannot be tolerated at any circumstances as the same would lead to deterioration and result in unconstitutionality, more so, in violation of the statutes and rules in force," Justice Subramanian underscored.Accordingly, the State government was directed to address the overall issue and inform the Court in a counter-affidavit of action taken in all such cases of abuse of power by police officials. The order noted that the respondent-authorities had not filed an action-taken report in respect of a notice issued to the petitioner in 2014 for overstaying in his quarters. This was despite the fact that a single-judge and Division Bench of the High Court had in 2014 directed the official to leave the house allotted. Even as the official has now vacated the premises, such illegalities cannot be condoned, the order stressed. The Court, therefore, asking the State counsel to convey the details of the order to the government immediately, and listed the matter for further hearing on June 21. .Advocate M Deivanandam appeared for the petitioner. Government Advocate S Prabhakaran represented the State. [Read order]