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Thursday, September 13, 2012

complaint against police- Kerala Police Act- to be filed within six months from the date-offences alleged to be done inside police station cannot be said that it was not committed during course of discharge of duties..

All that glitters are not gold. If that is so, all that is done in Uniform are not official. This is my personal view, but many do not confront with me in this logic. All that behind this scrap is the recent decision of High Court of Kerala, quashing the charge against a police officer who brutally attacked (alleged to be) a person inside the police station. 2012 3 KHC 724
The law behind the judgment may be right or wrong, let the appellate courts decide it if they get any such chance. But those who are aware about the rights of a citizen in this Indian Republic, which continues its unending democracy since it derived freedom from the clutches of British Rule, (Save the times of emergency in Indira Gandhi's period) may desire for a change for this law in the reign of Appellate Courts.
The Judgment depicts; when an offence is committed by a police officer inside the police station, it cannot be said that it was not committed during the course of discharge of official duties.The fact reveals thus; when the person (victim of police attack) was parking his car, the police officer commanded him to take the vehicle to the station. When they reached the police station, the officer caused hurt on him by beating and hitting; this is the allegation in the complaint. Accordingly, the trial court took cognizance.
The law under section 64(3) of Kerala Police Act says suit or prosecution not to be entertained if instituted more than six months after the date of act complained of. On this aspect, the cognisance taken in the above said case was quashed by the Hon High Court. The court may be right in the interpretation of the law; sometimes, that can only be done by a court of law.
But the result is very crucial and the effect of this judgment will be far reaching.
All that done in uniform cannot be supported as official, as all that glitters are not gold.

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