Andhra HC (Pre-Telangana)
T. Anjaneyulu And Another vs D.T. Naik And Others on 9 August, 1996
Equivalent citations: AIR1997AP237, 1996(2)ALD(CRI)589, 1996(2)ALT(CRI)782, AIR 1997 ANDHRA PRADESH 237, (1996) 4 ANDHLD 211
Author: Syed Saadatulla Hussaini
Bench: Syed Saadatulla Hussaini
ORDER
P. S. Mishra, C. J.
1. The issue involved in these petitions concern the state pf policing by resorting to certain methods which are allegedly abuse of the police power, by the Commissioner of Police, Vijayawada city and the District Superintendent of Police, Medak district at Sangareddy. Proceedings have started on the basis of the representations which have been treated as Writ Petitions under Article 226 of the Constitution of India.
2. Respondents have since entered appearance, filed counter affidavits, produced relevant materials and learned Advocate General has been heard in detail, besides learned counsel for the petitioners.
3. One of the issues which has received serious attention of all concerned, is the attempt of the police officers to evolve some indigenous mechanism for some sort of enquiry and settlement of disputes between the complainant on the one hand and the respondent (accused) on the other hand in so-called petitions made directly to the Commissioner of Police, Vijayawada as well as the District Superintendent of Police, Medak. The latter has allegedly created a People's Council, besides other things to do, to hold panchayats for land disputes, family disputes, petty cases and other civil disputes and report to the Sub-Inspector of Police on condition, "all such disputes should be settled through the consent of both the parties. Nobody should be compelled to abide by the decision of People's Council" and to monitor the functioning of Government Offices, welfare and developmental measures including fair price shops. Although there is no such clear statement in respect of the conduct of Vijayawada police, it is alleged that the police are mainly settling matters pertaining to debts due on promissory notes, finance business, negotiable instruments, tenancy matters, maintenance cases, matrimonial matters, family settlements and other types of civil litigation.
4. In the counter-affidavit the Commissioner of Police, Vijayawada. has stated that it is incorrect to say that police are running parallel judicial system in their police stations and that at police headquarters they are holding private Darbars with local goondas and political bosses. He has also disputed the allegation that the police are interfering in civil matters and mainly settling debts due on promissory notes, finance business, tenancy matters, family settlements, marriage settlements and maintenance eases. He has, however, stated as follows:
"It is a fact that one day in a week has been specifically car-marked giving an opportunity for the aggrieved public to meet the Commissioner and to represent their grievances for administrative convenience. This does not mean that they should not meet the officer during remaining days. A particular day is ear-marked so that it will be well convenient for the public to meet the officer and to represent their grievances.
"It may be noted that it is nowehere laid down that police should not entertain non-cognizable offences or such matters which may overlap non-cognizable offences and/or civil nature affairs. Section 155, Cr.P.C. is very clear in this regard and if, however, the representation is of non-cognizable, it shall be entered in the non-cognizable register and instruct the party accordingly. Generally, in most of the matters, the grievance of the petitioner is that the concerned Station House Officer has not entertained his report and not acting on it. In such matters, we cannot leave the petitioner at .the mercy of the Station House Officer in acting upon the said report.
It may be noted that new sub-section (3) to Section 154, Cr.P.C. has been added in 1973 amendments for the Cr.P.C. to check the refusal of the police in recording the F.I.R. In such an eventuality, the aggrieved person has been given a right to send his information by post direct to the Superintendent of Police for investigation. Now, to make the matters easier and save time, the Superintendent of Police is giving an opportunity for the aggrieved in presenting the report to him in person so that he can enquire with the petitioner about the report and then endorse the same to the Station House Officer if warranted for registration of the F.I.R. etc. If the affair is very urgent and requires immediate attention, such persons can meet the" Commissioner of Police on any day. However, for administrative convenience, one clear day has been ear-marked to receive all such representations and this system is very convenient for the public also so that the Commissioner of Police can allot his time completely for this purpose on that particular day. And, such method of holding public grievances day or meeting (whatever nomenclature may be used) is perfectly within the limits of Cr.P.C. and is not a deviation from the constitutional safeguards whatsoever.' Under A. P. Police Standing Orders (referred as Standing Order herein) Standing Order 35(a), it is duly of the Suprintendent of Police to keep the district peaceful and the public satisfied with the security afforded to persons and property, and for this purpose the Superintendent of Police or Commissioner can adopt any kind of procedure and can adopt such method to comply with this affair.
Added to this, under Standing Order 35(e), it is the main duty of the Superintendent of Police to promote good police-public relations and to achieve this object, the Superintendent of Police can device any type of modus operandi. This is a very important slice of duty shouldered over the Suprintendent of Police/ Commissioner of Police to have good harmony with the public and to achieve this, the police cannot confine themselves only to the complaints given only at the police stations and not to be accessable to the people to represent their grievances against police or matters connected with police.
It may be noted that though a matter, prirna facie, .may appear to be of civil nature or non-cognizable, it will be having nexus with such overt acts or covert acts which may make lead to cognizable offence or an incident affecting law and order and public order. The police, in such cases, cannot close their eyes and refuse to take into consideration the probable criminal consequences of such disputes though the police would not interfere in civil disputes.
I also submit that the Superintendent of Police is having his own intelligence unit called as Ami Goonda Squad and the main object and purpose of this unit is to exchange intelligence and cull out the offences and offenders, who otherwise cannot be exposed. So, whenever a representation is given to the Superintendent of Police, the Superintendent of Police is perfectly justified in entrusting it to the Anti-Goonda Squad to verify the truth or otherwise of the petition and thereafter act upon it according to law. It is for this purpose and to comply with Standing Order 35(f) the Superintendent of Police has to entertain all such petitions, may be of civil nature or non-cognizable, since they have a bearing with the law and order and public order affairs.
It may further be noted that under Standing Order 35(2) the Superintendent of Police should be readily be accessible to members of the public generally and hence he cannot ignore if any matter, may be of civil nature or non-cognizable, is brought to his notice, if it has some nexus with the law and order and public order.
Apart from this, under Standing 0. 35(6) the Superintendent of Police must keep in close touch with all political and communal movements in his district. Hence, any representation touching these matters even though they appear to be of civil nature or non-cognizable must be attended to by the police.
Hence, it is submitted that all the allegations levelled in this writ are baseless, false and invented only to promote prejudice towards the police machinery which is common to the civil liberty committees.
I submit that in order to have feedback on the functioning of the police at the lower level, it is essential to have direct contact with the public by the Commissioner of. Police, Vijayawada and therefore, the representation from the public are being received directly by the Commissioner of Police relating to matters concerned with the police. So that police inaction, over-action and delayed action could be known and monitored to improve police functioning and such receipt of grievance from the public by the Commissioner of Police is not' meant for interference in disputes of civil nature with which the police are not concerned. I, therefore, submit that allegation that the police are arrogating themselves to the functions of the judicial system is incorrect and Untenable."
5. The Court at the first instance asked the Principal Secretary to Government, Home Department, to enquire and report about the happenings at Vijayawada. He has since submitted a report and stated as follows:
"I asked the Commissioner of Police about the nature and details of the public grievances day organised by him, The Commissioner of Police informed me 'that the practice of hearing the public' grievances by the Superintendent of Police (Urban), Vijaya-wada/Commissioner of Police, Vijayawada, is not a new phenomenon but is continuing from 1983. He also informed me that the petitions presented to him on these occasions generally fall into the following categories,:
(1) Petitions of harassment against women (2) Petitions of civil nature (3) Petitions on protection for life and property (4) Petitions against police (5) Petitions on cheating (6) Miscellaneous petitions like petty disputes arising out of chits, tenancy, multiple claims of property, black marketing, eve-teasing etc. The Commissioner of Police, stated that, broadly, the following procedure is followed by him on the above types of petitions.
1. Harassment against women:
These petitions arc forwarded to women police station or to the concerned jurisdicti-onal police station for registering a case, investigation and charge sheeting the accused.
2. Cases of civil nature:
Quite often, these petitions contain both criminal and civil aspects. Station House Officers are being directed to deal with the criminal aspects of such cases and to refer the petitioner to a Court of law for redressal of the civil aspects. If the matter turns out to be a purely civil issue, the petitioners are being advised to seek redressal in a court of law.
3. Cases of protection for life and property:
The concerned Station House Officers are being asked to enquire into the representation and provide protection to the petitioner and also to bind over the respondents for good behaviour.
4. Petitions against police:
Generally these petitions relate to the booking of cases by the Station House Officers. The common complaint is that the Station House Officer did not receive the petition or that he did not register the case. In such cases the Station House Officer is being asked to register the case and take up investigation.
Wherever necessary, action is also being taken against the erring police officers/men.
5. Cases relating to cheating:
The Station House Officers are being instructed to register cases and take up investigation.
6. Miscellaneous petitions:
Such petitions are being referred to the concerned Station House Officer to enquire into the allegations and investigate and take appropriate action like registering the case etc. I have inspected the register kept in the office of the Commissioner of Police, Vijaya-wada in which the petitions received are entered indicating to whom the petition was referred and if a reply is received the same is rounded off as token of closure of action. Based on the entries in the register, I looked into the petitions/grievances Attended to by the Commissioner of Police during the grievances day meetings held by him. As seen from this register, about 907 grievances/petitions were received by the Commissioner of Police, Vijayawada from 10-11-1995 to 22-3-1996. I also looked into the relevant files regarding some of the grievances redressed during these meetings.
These 907 cases have been analysed cate-gorywise depending upon the nature of the complaint and redressal sought by the petitioner as indicated below:
_________________________________________________________________________________________________ Sl. Category No. of No. of cases No. of cases No. petitions in which rep- still to be received lies received redressed i.e., and action pending at closed. different stages.
________________________________________________________________________________________________
1. Petitions of harassment against women 112 30 82
2. Petitions of civil nature 242 90 152
3. Petitions on protection for life and 38 14 24 property
4. Petitions against police 35 12 23
5. Petitions on cheating 35 8 27
6. Miscellaneous Petitions 445 71 374 _________________________________________________ 907 225 682 _________________________________________________________________________________________________ The details regarding these 907 cases are enclosed herewith showing the details like nature of grievances, date of complaint, name of the complainant and action taken.
A critical analysis of these grievance cases indicates that the "grievances day" being organised by the Commissioner of Police, Vijayawada, is a useful exercise both from administrative point of view as well as from the point of view of providing a single point access to the common citizens to meet the highest police functionary of the city to put forth their 'grievances regarding day to day issues wherein the citizens need intervention from the authorities for providing them much-needed succour and relief, albeit within the framework of administrative rules and procedures.
Since the Commissioner of Police, Vijayawada and his subordinate police officials are advising the grievances case petitioners to seek remedy from competent civil courts regarding grievances of civil nature, the Commissioner's action in organising the grievances day is within the scope and jurisdiction assigned to him by law."
6. The Superintendent of Police, Medak District, has since published a booklet in his name calling the District as field of experiments on the subject of 'Model Policing:
Trials and Successes' and stated as the motto "the present system serves a few; Better police will serve all: Make earth a better place to live in and memories to cherish". He has in his support a commendation letter from the Director General. Bureau of Police Research and Development, Ministry of Home Affairs, congratulating him for starting food experiments with a view to create a police oriented ideal police system in the State. The booklet provides an insight of the activities which the district police has chosen to begin and it proclaims, "We have started new ideas and projects for creating an ideal and moral Police." These ideas which have changed the concept of police are detailed as follows:
"1) Reception counters at PSs:
All PSs have been asked to create a reception counter with facilities for the visitors to sit at PS. This should be visible and manned by a good, police and courteous Constable. Some of the Taluq PSs have been provided with lady PC as Receptionists. This concept has been highly successful in all these PSs and brought good name to the Police.
2. Praja Darbar:
We are observing Praja Darbar on every Monday at'every PS, SDPO Office and SP Office. All the Polite Officers including SP have been asked to stay at Hqrs. on Monday except in emergency. This is being strictly followed. The petitions received at PS on Praja Darbar day have run into thousands and earned credibility for (he Police among the people. The DIG Hyderabad has also observed this experiment and appreciated it. The Press has been vocal in their praise of Police for coming closure to the people.
3) Grievances Cell:
A cell has been created with one SI, 1 HC and 3 PCs to monitor the Grievance Cell functioning. Any complaint registered at the SPs Office is entered in the Grievances Cell register which is maintained Circlewise and the PSs are directed on wireless set to conduct enquiry and take necessary action within 3 days. No written report is required on all such petitions in order to cut down red tapism and paper work. The complainant is also advised to inform the Grievances Cell if no action is taken on his complaints. I personally monitor the pendency of (he Grievances Cell and has been impressed upon the Police Officers to be very prompt and reply within 3 days about the action taken. A separate notice is also being issued to complainants for complaining if they are not satisfied with the Police action on their complaint to Grievances Cell. The success of this new idea is such that the number of visitors and 'complaints to the Grievances Cell has been increasing day by day. The number of-Grievances Cell petitions in the last three months stands at 862 in SP's Office in addition to grievances being attended to in PSs, CIs' and SDPOs Officers.
(4) Development and Social Welfare Cell:
It has been realised'that the vast infrastructure of Police is not being tapped properly. When property worth rupees one crore was lost in Medak District in all sorts of crime, one crore rupees is spent only on TA of Police personnel in Medak District. For saving one crore rupees if we maintain a machinery which is consumping more than 10 crores in Medak District only for saving the loss of one crore in thefts it will be deemed to be a drain on exchequer. Police Department has got vast influence on people and its good officers can be utilised for development and social welfare of the people which will not only benefit the people but also improve the relations of the Police with the people.
Keeping this idea in view, all the SIs have been asked to send a fortnightly report on all the problems of the people in the villages. The Development and Social Welfare Cell, District Special Branch, Medak District has been in turn conveying all such problems to the concerned Heads of Departments. We have identified 345 such problems and conveyed it to other departments and 114 replies from them have been received. It has been received | well by other departments.
In addition to it, an extensive report has also been prepared on the functioning of Social Welfare hostels in Medak District by conducting a survey. It is being mailed to concerned officials for information and necessary action. The District Special Branch is being fruitfully used for all these purposes.
(5) Public Security System:
Most of the burglaries are taking place in locked and uncared houses in the absence of the inmates. Again there is general impressions' among the people that the Police are meant for VIPs, Officers and Political Leaders and they do not serve the common masses. It has been decided to start a Public Security System ot guard the houses of the people in town when they leave their houses on any errand for 3 days. Publicity has also been given to this. The system is being implemented in Ramachandrapuram, Patancheru and San-gareddy towns on limited basis. After the arrival of new recruits from training the system will be implemented on large scale for the good of the people.
6. Rewards for proved complaint against Police Officers:
It has been realised that the people have got greater misconception about Police Officer and men. They are not that bad as they are perceived by the commoners. To dispel this impression among the people and improve the confidence among them we have announced five hundred rupees reward on any true complaint against the misconduct and deliberate inaction of the Police Personnel. It has also created confidence of the Police personnel among the public. Big publicity was given to the challenge thrown by the Police to the public to get Rs. 500/- if they come to know about the misconduct of the Police through pamphlets in tens of thousands & banners.
7. Accessibility to SP Medak:
Despite naxalite threat, the people-have--
been asked to approach the SP Medak all the 24 hours in times of distress or when they have Complaints against Police Officers.
8. People's Council:
In every village People's Council is being created with SI as honorary Chairman to take care of all the problems including social, educational, health, police and family problems. It was started on 12-1-1996 and is attracting very good response from the people.
People's Counsel is an idea to revive the spirit of brotherhood, self reliance and unity among the people through Police efforts. It has been realised that no law and order and crime problems can be tackled without people's help. The increasing tendency of the anti social elements and organised vested interest groups to exploit the sentiments of the people against the Govenment machinery and Police has further led to the need of people's help and awareness for the Police problems. The potentials of the Police Department are like a river which is not being channelised for the people's welfare and going waste. If we channelise the centuries-old Police influence on the society and people there will be a revolutionary change in the concept of the Police and its relations with the public and overall socio-economic reformation and regeneration.
People's Council is a concept to change the society through Police efforts to make the Government schemes a success and improve the Police-public relations for utilising the Police infrastructure and man power for development and welfare activities.
1) No. of Members :
15 to 20 members.
2) Who can be
1) Freedom Fighters.
Members :
2) Retired employees.
3) Caste elders.
4) Sarpanch, MPTC, Ex-Sarpanch, elected representatives.
5) Dwacra group inchar-gers, Maliila Man dali Presidents and all other Lady Clubs.
6) Youth clubs, Nehru Yuvakcndras, Youth Associa-tions, any Youth Club.
7) Teachers.
8) VAD Ex-Officio Member.
9) Voluntary Organisations.
10) Any social Organisa-tion or Club Member.
11) Any respectable person selected by villagers.
3) Disqualifications:
1) Anybody involed in any criminal case
2) Militants and sympathisers of any extremis group.
3) lll-repuied person like smugglers in liquor.
Meetings:
Meetings:
Village People's Council should meet every month. They should inform about the resolutions to SI. There will be one Secretary to People's Council who can be changed any time as per the wishes of the People's Council. There will be General Body Meeting once every three months. SI will attend the meeting. The General Body will include all the villagers. The General Body can change council members of the People's Council. The SI will be honorary Chairman of all the People's Councils. Any member who does not attend three consecutive meetings will be automatically removed from the Council.
Objectives:
1} To check flow of arrack in the village.
2) To check social vices like gambling, prostitution, Bhanamathi harassment etc.
3) To stop the activities of anti-social elements and check their visits to the village.
4) To form village defence squads for the protection against thieves and anti-social elements.
5) To spread adult literacy -- to send all the children below 10 years to schools.
6) To persuade the parents to undergo family planning.
7) To promote sports activities.
8) Tree plantation.
9) Every People's Council must create one asset through shramadan. SI should help .them through his good offices. ' .
10) To hold panchayats for land disputes, family disputes, petty cases and other civil disputes. All such panchayats reports should be informed to SI. All such disputes should be settled through the consent of both the parties. Nobody should be compelled to abide by the decision of People's Council.
11) To monitor the functioning' of Government offices, welfare and developmental measures,including fair price shops.
12) To maintain cleanliness in the village, help the sick persons and other health problems.
13) Any other social welfare measures.
14) Prepare a report about the problems of the village and sent it to Si every month.
The present objective of the People's Council is to maintain peace in the wake of surcharged atmosphere in the villages due to elections.
The People's Council will be helped by three wings in the village. It will have-
(i) Youth Wing
(ii) Women Wing
(iii) Village Defence Squad Youth Wing will consist of Youths of the village who will shoulder the responsibility of giving dynamsim to the development of village including sports promotion, cultural promotion, shramadan, literacy etc. The Women Wing will take care of the atrocities on women of the village which generally does not come to light. The women wing will fight against all such strocities and try for consciousness among the women of the village. They will also try for economic self-sufficiency of the village through various voluntary organisations and Government schemes.
The village defence squad will comprise of " selected able-bodied persons of the village who will resist all anti-social forces including the extremists and thieves. They will make night rounds during dark fortnights and unitedly face any physical intimidation by any anti-social group till the police help reaches.
Identify Card:
Once the People's Council establishes its credibility, the SP Medak will issue identity cards to all the members. The People's Council should shoulder the responsibility if anything goes wrong in the village. They should help the Government in smooth, functioning of the Government administration.
Rewards:
All such People's Council who achieve good results and show good performance will be recognised by the SP Medak. SP Medak will also recommend to the Government for adopting such villages for model village concept."
7. The State Constabulary is organised with the Director General-cum-Inspector General of Police at its head and the Hyderabad City Police with the Commissioner of City Police at its head under the enactments covering the Andhra area of the State (the State is divided into three areas under the Presidential order issued under Art.371-D of the Constitution of India), Telangana area and the Hyderabad City Police Act, which is extended to other cities by an Act of the legislature of the State. The scheme for the District Police incorporates the only potent provision that the Superintendence of "the Police vests in and is exercised by the State Government and, except as authorised by the State Government, no person, officer or Court is empowered to supersede or control any police functionary, any Regulation, Act or usage to the contrary notwithstanding and the, administration is vested in an officer to be styled as the Inspector General of Police and in such superior police officers as the State Government deems fit. Inspector General is recognised as the justice of the peace and has the full powers of a Magistrate throughout the General Police District, subject to such orders as may from time to time be issued by the State Government. The State Government vests any District Superintendent of Police with all or any of the powers of a Magistrate within such limits as it may dcern proper. The Inspector General is given the power of control of the force and to make rules and by specific provisions special powers are given in respect of items specified therein. The Commissioner of Police of the city is recognised in place of the Director General of Police, who, like the Inspector General of Police, is recognised to control to the police force of the city and to make rules not inconsistent with the Act or any other law for the time being in force for the matters specified in one of the provisions therein. It is relevant to note that Art. 371-D of the Constitution has contemplated for the people belonging to different parts of the State special and different provisions in the matter of public employment and the matter of education only.
8. Laws in respect of police, including railway and village police, subject to Entry 2A in List I of the Seventh Schedule, are within the legislative competence of the State Government. Criminal law, however, including all matters included in the Indian Penal Code, but excluding offences against laws with respect to any of the matters specified in List I or List II and excluing the use of naval, military or air forces, or any other armed forces of the Union and of the civil power and criminal procedure, including all matters included in the Code of Criminal Procedure at the commencement of the Constitution, fall in the Concurrent list in the Seventh Schedule. Civil procedure is exclusive to the Concurrent list, including evidence and oaths, recognition of laws, public acts and records and judicial proceedings.
9. Police has mainly to concern itself with the law and order and only such other matters which are entrusted to it, including investigation and/or enquiry of the cases entrusted to it by the Code of Criminal Procedure, 1973. Section 4 of the Code states -- all offences,, under the Indian Penal Code shall be investigated, enquired into, tried and otherwise dealt with in accordance with the provisions of the Code and all offences under any other law shall be investigated, enquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, enquiring into,, trying or otherwise dealing with such offences. These laws thus give in respect of matters coming for investigation, enquiry and trial to the scheme under the Code and the police has been assigned a specific role to play for maintenance of law and order, public peace and tranquillity, for search of any place including any carriage or vessel and seizure of any goods, for arresting any person under a warrant or without warrant in certain cases, for enquiry when such enquiry is entrusted to it by any provision of the Code and for investigation of the cognizable offences, after receiving information as to commission of any offence, as contemplated under S. 154 of the Code and after registering the case as contemplated under S. 156 thereof.
10. We have tried to know with reference to various provisions of the above Acts.and the Code - whether police shall be justified in taking into the fold of its activities various objectives which are stated in the booklet published by the Superintendent of Police, Medak District, which objectives appear apparently to inspire the Commissioner of Police, Vijayawada as well. Items 1, 2 and 3 appear to be covered by the regular police activities, as the flow of arrack in the village in contravention of the prohibition laws may cause manifold increase in anti-social activities and the police has a duty to check the activities of anti-social elements. Formation of a Village Defence Squad for protection against thieves and anti-social elements may also be a justifiable extension of the police activities. Spreading adult literacy, to send all the children below ten years to schools, to persuade the parents to undergo "family planning, to maintain cleanliness in the village, help the sick persons and people with their other health problems and any other social welfare measures -- are matters which can be called fair for any person having some ideas of social reform to propagate and indulge in. Promotion of sports activities, in ideal situations, can be an activity for the welfare of the youth. Tree plantation will be something which environmentalists shall appreciate. The Village People's Council contemplated and it seems, introduced by the Superintendent of Police, Medak, indulging in holding panchayats for land disputes, family disputes, petty cases and other civil disputes and reporting to the Sub-Inspector of Police, shall be something indulging in the functions which the Courts have been assigned under the Constitution of India as well as under various laws of the Parliament as well as the State Legislations including the Legal Services Authority Act. The monitoring of the functions of the Government offices, welfare and developmental measures including fair price shops, appears to be some sort of abrogation of a vigilance authority of the State by the District police.
11. It is good to self-motivated executive and police officers with ideas for making the ideal society. Praja Darbars is a concept that political executives have floated and it seems, it has caught the imagination of the executive officers including the police. People's Council appears to he an extra-constitutional and illegal mechanism evolved only by the police for ostensibly the purpose of giving to the villagers and people at large an ideal society, but encroaching upon the constitutional jurisdiction granted to the Gram Panchayats, Nagar Panchayats, Municipal Councils and Corporations under Part IX-A of the Constitution of India. The self-serving assessment of the Medak Superintendent of Police, "Policing by the people is an old Indian concept which is ingrained in our culture but has disappeared over time. We tried to reestablish it through Gram Panchayats but the spirit could not be revived because of over-politicisation of the villages. The policing by the people through People's Council in Medak has succeeded and one may come and see it through his own eyes," appears to be an assertion of a social reformer than a police officer who is concerned with the police duty and who wants to curb the abuse of police power and make the police people friendly and helpful to them for the welfare of the people.
12. The Commissioner of Police, Vijaya-wada, has informed us about Standing Orders 35(a), 35(e), 35(0 and 35(6) of the Andhra Pradesh Police Standing Orders and has made a reference to Ss. 154(3) and 155 of the Code of Criminal Procedure to suggest that in matters which may overlap non-cognizable offences and disputes of civil nature or when the officer-in-charge of a police station shall not accept a complaint, the District Super-, intendent of Police shall act in his discretion or that the Superintendent of Police has the duty to keep the district peaceful and the public satisfied with the security afforded to person and property, or to promote good police public relations, or in respect of the creation of Anti-Goonda Squad and keeping watch on all political and communal movements in the district, etc., appear to have been over-stretched in actions that the petitioners have reported and which, although ostensibly are disputed, appear to have been committed by the police in Vijayawada. Records produced before the Court reveal that the Superintendent of Police has been using the force for summoning the person allegedly accused in the complaint and giving some sort of a hearing to decide whether the allegation is one which should receive attention of the police for registering a case for investigation and in course of such proceedings, making the alleged accused to make good the loss or the demand of the complaint or to face the consequences. It may not be a naked abuse of power by a well intending and well meaning police officer and it may do good to the society in a given situation, but not when there is always an opportunity for the abuse of the power and always a chance that one who is alleged to have committed the offence is not given the opportunity to establish his innocence in accordance with law. We have avoided dealing with the particulars which we have examined in this case for satisfying our conscience whether there is any truth in the allegations that the police activities in the city of Vijayawada have encroached upon the affairs which must in all circumstances be left for adjudication by the Courts, including matters in which a complainant may be making serious allegations of commission of offence at the hands of someone. The well settled principle of law that police investigates the offences and not the offenders, is com-pleldy forgotten. The police has assumed to it self the role of deciding when to register a case and ignored altogether the normal procedure that on receipt of information of a cognizable offence, the first duty of the officer-in-charge of the police station is to register a case and report about the registration of the case to his superior officer and to the Court of Judicial Magistrate within whose jurisdiction his police station is situated. The District Superintendent of Police undoubtedly has the same powers as that of the officer-in-charge and something more than what the officer-in-charge of the police station may enjoy, as the controlling authority, but he cannot act for the purposes of deciding how and when to register a case and in case of information with respect of non-cogni7able offences except to report to the Court concerned by way of a complaint to enforce a system of law. The Court is flooded with complaints and informations about the abuse of police power in the Stale. There are any number of reports about the'torture by the police of persons arrested by them, of custodial deaths, of police excesses, of the police not completing investigations within a reasonable time, of the police not executing the warrants and not caring even to produce the accused in Court for remand orders, etc. A large number of warrants are pending for execution for years. Accused are not produced in Court for remand orders because the police is found deployed for other duties. They are not seen in any meetings of the Monitoring Committees which are headed by the District Judges and they are also not seen, except a few exceptions, in the activities of the District Legal Services Authority in which the District Superintendent of Police is an ex-officio member. They have, no doubt, time for Darbars and for bandobust duties. They have time for People's Council and organising social movements. They have, however, no lime to do that one excepts from the police, p We are not made to understand how society would be benefited, if the law is not enforced. Criminal law shall be enforced and shall be meaningful when offenders are tried, their guilt is proved and they are punished. Society will be indebted to the police if it shall promptly appear at any scene of riot or arson and prevent occurrences of offences. There shall be undoubtedly good name achieved by any police force, if it has shown cent per cent ' compliance of its duty to apprehend the culprits, produced them before the Court, investigated the case and seen that guilty are punished. A good social worker is different from a good police officer. The Superintendent of Police, Medak and the Commissioner of Police, Vijayawada, may have the satisfaction of getting kudos from the public for their reformist activities, but they cannot prove themselves good police officers unless they combine the performance of the police duty wilh such activities and exercise clear legal refrains which police must exercise. We have reasons to conclude that at leasl within the jurisdiction of the two distinguished police officers law has fallen a casuality -- triumph is theirs in the activities that they have been indulging in but not of the law.
13. As a result of the above, in sum, the respondents have acted beyond the police powers in entering into enquiries as to the commission of the offence, if any, by the alleged accused persons and in the setllement of family disputes and money claims, etc., which is beyond police power. They have also exceeded the police power by involving people with some sort of authorisation to do policing which any and every citizen of India can do voluntarily but not as a force.
14. In the result, the writ petitions have to be allowed and respondents restrained from enquiring into the truth or otherwise of the allegations in the complaint petition before registering a case in accordance with law and from entering into any civil dispute including family disputes. As a consequence, a positive direction must issue to register a case as and when a complaint is received for investigation and to comply with the requirements of law to inform the superior officers as well as the Judicial Magistrate within whose jurisdiction the case is registered by the police in accordance with law. Any non-compliance of the above, shall be a violation of the law of the land. The two writ petitions are ordered accordingly.
15. Since we are informed the police has registered a case and the petitioners in Writ Petition No. 14392 of 1996 have been enlarged on bail, no further order is required in the said case.
16. Order accordingly.