No Room for Illegal Actions by Police Despite Pressure, Following Alleged Lawyer Abuse Incident: Kerala HC

No Room for Illegal Actions by Police Despite Pressure, Following Alleged Lawyer Abuse Incident: Kerala HC

The Kerala High Court emphasized that under no circumstances can a law enforcement agency or its officers engage in illegal activities, regardless of any external pressures. This statement came during a hearing related to a recent incident where a police officer was accused of mistreating a lawyer.

Justice Devan Ramachandran presided over a case involving a viral video depicting an officer from the Alathur police station purportedly using derogatory language towards a lawyer who presented a court order pertaining to a legal matter.

The court permitted the accused officer to file an additional affidavit regarding the case and set the matter for a further hearing on March 1st.

The court noted in its order that if the "incident" referred to pertains to the alleged use of prohibited vocatives by the officer, then the justification that it was done "out of heat of passion and pressure of the circumstances" cannot be accepted prima facie. The court emphasized that no civilized police force or officer is permitted to act unlawfully, regardless of any perceived pressure or circumstances.

The court remarked that the officer's apology was contradictory in nature. Despite tendering an unconditional apology in an affidavit, the court found inconsistencies in the officer's statements.

The court observed that the stand adopted by the officer was contradictory because, "when he says that he did not commit any contempt, one wonders why he is tendering an unconditional apology." The officer had affirmed before the court that the "incident was unintentional, but it happened out of heat of passion and pressure of the circumstances, for which I deeply regret and tender my unconditional apology, and I undertake that I will not be involved in similar incidents alike(sic)." The court had earlier said that stress was not a licence to behave in an abusive manner.

The state police chief had previously informed the court that the abusive behavior exhibited by certain police officers is primarily attributed to "stress." Additionally, it was disclosed that the officer in question had been transferred from their position.

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