Kerala High Court
Anjali N vs Superintendent Of Police (Rural) on 9 April, 2021
Author: Anil K.Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943
WP(C).No.9257 OF 2021(F)
PETITIONER:
ANJALI N.
AGED 22 YEARS
D/O. LATE DIVAKARAN,
MARUKULANGARA HOUSE,
PADINJATTAKARA P.O.,
THEVALAKKARA,
KOLLAM DISTRICT - 690 524.
BY ADV. SRI. ARUN MATHEW VADAKKAN
RESPONDENTS:
1 SUPERINTENDENT OF POLICE (RURAL)
DISTRICT POLICE HEAD QUARTERS,
KOLLAM - 691 506.
2 CIRCLE INSPECTOR OF POLICE
THEKKUMBHAGAM POLICE STATION,
KOLLAM DISTRICT,
PIN - 690 524.
3 SUB INSPECTOR OF POLICE
THEKKUMBHAGAM POLICE STATION,
KOLLAM DISTRICT,
PIN - 690 524.
4 KRISHNAKUMAR
AGED 53 YEARS
S/O. KUMARAN VAIDYAR,
MARUKULANGARA HOUSE,
PADINJATTAKARA P.O,
MOTTAKKAL WARD, THEVALAKKARA,
KOLLAM DISTRICT - 690 524.
SRI. SUNIL NATH N.B - GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.04.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C).No.9257 OF 2021
2
JUDGMENT
The petitioner has filed this writ petition under Article 226 of the Constitution of India seeking a writ of Mandamus commanding respondents 1 to 3 to provide adequate and sufficient police protection to the petitioner and her family members, while conducting her marriage ceremony on 12.04.2021, from the side of the 4 th respondent, who is her uncle, and his men. The petitioner has also sought for a writ of Mandamus commanding respondents 1 to 3 to take appropriate action on her complaints on the criminal acts committed by the 4th respondent.
2. In the writ petition, it is stated that the petitioner's marriage is fixed on 12.04.2021. The 4 th respondent is continuously creating problems, who has declared that he will manhandle the petitioner in the marriage function. The petitioner submitted Ext.P2 complaint dated 03.04.2021 before the 3rd respondent Sub Inspector of Police. The said complaint was followed by Ext.P4 complaint dated 05.04.2021 before the 1st respondent, Superintendent of Police. Alleging inaction on the part of the official respondents, the petitioner has filed this writ petition before this Court seeking the aforesaid reliefs. W.P(C).No.9257 OF 2021 3
3. On 08.04.2021, when this writ petition came up for admission, notice before admission was ordered to respondents 1 to 3. Urgent notice on admission by special messenger was ordered to 4th respondent, returnable by 09.04.2021. The learned Government Pleader was directed to get instructions.
4. Heard the learned counsel for the petitioner and also the learned Government Pleader appearing for respondents 1 to
3. Despite service of notice none appears for the 4th respondent.
5. The Kerala Police Act, 2011 is enacted to consolidate and amend the law relating to the establishment, regulation, powers and duties of the Police Force in the State of Kerala and for matters connected therewith and incidental thereto. Chapter II of the Act deals with duties and functions of Police. Section 3 of the Act deals with general duties of Police. As per Section 3, the Police, as a service functioning category among the people as part of the administrative system shall, subject to the Constitution of India and the laws enacted thereunder, strive in accordance with the law, to ensure that all persons enjoy the freedoms and rights available under the law by ensuring peace and order, integrity of the nation, security of the State and W.P(C).No.9257 OF 2021 4 protection of human rights. Section 4 of the Act deals with functions of Police. As per Section 4, the Police Officers shall, subject to the provisions of the Act, perform the functions enumerated in clauses (a) to (s) of Section 4. As per clause (a), the Police Officers shall enforce the law impartially; and as per clause (b), the Police Officers shall protect the life, liberty, property, human rights and dignity of all persons in accordance with the law.
6. Lord Denning in 'The Due Process of law' [First Indian Reprint 1993, Page 102] has described the role of the Police thus;
"In safeguarding our freedoms, the police play vital role. Society for its defence needs a well-led, well-trained and well-disciplined force or police whom it can trust, and enough of them to be able to prevent crime before it happens, or if it does happen, to detect it and bring the accused to justice.
The police, of course, must act properly. They must obey the rules of right conduct. They must not extort confessions by threats or promises. They must not search a man's house without authority. They must not use more force than the occasion warrants."
7. In Manohar Lal Sharma v. Principal Secretary W.P(C).No.9257 OF 2021 5 [(2014) 2 SCC 532] the Apex Court held that, one of the responsibilities of the police is protection of life, liberty and property of citizens. The investigation of offences is one of the important duties the police has to perform. The aim of investigation is ultimately to search for truth and bring the offender to the book. The Apex Court reiterated the said principle in Ankush Maruti Shinde v. State of Maharashtra [(2019) 15 SCC 470].
8. The learned Government Pleader, on instructions from the 2nd respondent Circle Inspector of Police, Thekkumbhagam Police Station, would submit that on receipt of the complaint filed by the petitioner, the petitioner and the 4 th respondent were summoned to the police station on 03.04.2021. The 4 th respondent has undertaken that he will not cause any obstruction or threat whatsoever to the petitioner's marriage scheduled on 12.04.2021.
Having considered the pleadings and materials on record and also the submissions made by the learned counsels on both sides, this writ petition is disposed of with the following directions:-
W.P(C).No.9257 OF 2021 6
(i) The 2nd respondent, the Circle Inspector of Police, Thekkumbhagam Police Station shall take necessary steps to ensure that there is no threat to law and order in the locality, at the instance of the 4 th respondent, in connection with the petitioner's marriage, which is scheduled on 12.04.2021, as per Ext.P1 invitation.
(ii) In case there is any threat to the life of the petitioner or her family members from the side of the 4th respondent, the petitioner or the members of her family shall inform the 2nd respondent Circle Inspector of Police, in which event the 2nd respondent shall render necessary police protection, taking note of the statutory provisions referred to hereinbefore and also the law laid down in the decisions referred to supra.
Sd/-
ANIL K. NARENDRAN JUDGE SPR W.P(C).No.9257 OF 2021 7 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE MARRIAGE INVITATION CARD OF THE PETITIONER AND HER GROOM SOORAJ J.S. EXHIBIT P2 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 3RD RESPONDENT DATED 03.04.2021 BY THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE RECEIPT ISSUED FROM THE THEKKUMBHAGAM POLICE STATION DATED 03.04.2021 EVIDENCING THE ACCEPTANCE OF EXT. P2.
EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 05.04.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
RESPONDENT'S/S EXHIBITS: NIL.