Tamil Nadu - Chennai   

High Court flays ``police lethargy''

Special Correspondent

``Cases not registered even for cognisable offences'' "Even court orders directing registration of cases are not complied with"

CHENNAI : It is "unfortunate" and "strange" that in spite of repeated orders from the higher judiciary, the police fail in their mandatory duty to register cases even if a complaint reveals a cognisable offence, the Madras High Court has lamented.

Passing identical orders in two different cases, Justice K. N. Basha said, "The well-settled principle of law laid down by the apex court makes it clear that under Section 154 of the Code of Criminal Procedure, it is the mandatory duty of the police officer to register the case on a complaint of cognisable offence." The first matter related to a complaint, lodged by R. Perumal Swamy, that the Neelangarai police did not register any first information report (FIR) even after the unruly conduct of persons celebrating the New Year was brought to its notice.

The second matter pertained to a complaint, lodged by H.H. Avittam Thirunal Adithya Varma, that anti-social elements were threatening him and his family members to hand over possession of their ancestral property.

According to Mr. Perumal Swamy, his wife and children had gone to attend New Year celebrations near Neelangarai when a group of inebriated persons abused and attacked them. Despite complaints from the petitioner and requests from R. C. Paul Kanagaraj, president of the Madras High Court Advocates Association (MHAA), the police did not register any case, he said.

In the second case, Mr. Varma submitted that anti-socials, engaged by a person interested in their property, intimidated the royal family members, and the police personnel attached to the Shastri Nagar station failed to perform their mandatory duty.

Mr. Justice Basha, pointing out that even repeated complaints had not evoked any response from the police, said, "it is very unfortunate to note that inspite of the specific complaint, containing allegations constituting a cognizable offence, the police have not chosen to register the case... A perusal of the complaint shows that Mr. Varma has knocked at the doors of the police station and higher officials seeking the relief and immediate action against the culprits.

The police officials have not raised their little finger in respect of the complaint given by Mr. Varma," he said.

The Judge then directed the Shastri Nagar police to register a case, investigate and file a chargesheet within three months.

As regards the Neelangarai case, Mr. Justice Basha said, "This court is constrained to express its displeasure and condemn the lethargic and indifferent attitude of the respondent-police in dealing with the complaint of the petitioner... The conduct of the police is contrary to the mandatory provision contemplated under Section 154 of the Code of Criminal Procedure."

Token fast

Meanwhile, members of the All India Bar Association and the MHAA observed a fast on the High Court premises on Wednesday, seeking action against police personnel who had either declined to accept complaints or ill-treated advocates.

When court authorities wanted the stir to be withdrawn, S. Prabakaran, vice-chairman of the AIBA, told them it was not against the judiciary.

Even court orders directing registration of cases are not complied with, and no police official was punished for contempt in the recent past, he said.

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