Follow G.O., HC tells police

Follow G.O., HC tells police

08/08/2021

B.Tilak Chandar Madurai

Citizens should be provided police protection, based on a government order, when they seek it after a favourable a civil court decree, the Madurai Bench of the Madras High Court told the the Director General of Police and directed him to issue a reminder to all the police stations.

Justice J. Nisha Banu referred to the G.O. issued in 2008 by the Home Department and said police should not insist on a specific court direction while their protection is sought.

The court was hearing the petition filed by P. Packianathan of Melur taluk in Madurai district. The petitioner had sought a direction to the Madurai police to provide him adequate protection to carry out agricultural works in his land. A civil dispute pertaining to the land was settled in his favour. He made the representation to the police seeking their protection, but the latter had insisted on a specific order from the court. The court observed that the government itself had issued the guidelines to the police officers directing them to give protection in the light of the civil court order by constituting a committee. Based on the recommendations of the committee, the guidelines were issued. But, even after all these years, the G.O. was not implemented driving people unnecessarily to the court. “It is high time the police officers respected the orders of the court and government orders,” the judge said.

To avoid recurrence, the court directed the DGP to issue reminders to police stations. Referring to an earlier judgment of the High Court, the judge said the the function of the police officials was to control law and order and investigate crimes. The police cannot take over the job of the civil court to adjudicate the disputes.

Perhaps without understanding the stage at which they can interfere in civil jurisdiction, the police were insisting upon the production of the specific court order, the judge said and disposed of the petition.