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Showing contexts for: function of functionary in T.V.Sadananda Bai vs C.M.Ravi on 30 June, 2008Matching Fragments
6. No statutory provision has been brought to our notice which authorises the police to help the petitioner to enforce Ext.P10. The police have no statutory power or duty to meddle in civil disputes or to enforce the interim or final orders of the civil court. The dispute as to whether an interim or final order of a civil court is violated, is itself a civil dispute, which has to be adjudicated by the competent civil court and remedial action has to be taken by that court. In that process, the said court has the power under Section 151 of the C.P.C., to address the police to render assistance to the plaintiff/petitioner/decree holder. If the police are conceded power to decide whether an interim order or final decree of a civil court is violated and render assistance to the aggrieved party, based on the finding entered by them, the same will have disastrous consequences on the administration of justice in this country. The power to take decision as to whether an order of the civil court has been violated or not, is a judicial power. The police can never be conceded any inherent power to enquire into such matters and render a decision. The reason is obvious. The police are acting under the control of the executive Government of the day. The police, amenable to external pressures of political functionaries and influence of official superiors, cannot, normally, function independently. The independence of judiciary is one of the basic features of our Constitution. Separation of judiciary from the executive is one of the cardinal principles governing our constitutional scheme of Government. One of the essential principles of rule of law is the existence of an independent judiciary as an impartial arbitrator to decide the disputes between citizens and citizens and between citizens and the State. On this aspect H.W.R.Wade and C.F. Forsyth in their Administrative Law (9th Edition) stated as follows: