Subeesh S v Circle Inspector of Police, Kottarakkara Police Station and Sub Inspector of Police, Kottarakkara Police Station

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE N.NAGARESH** **WEDNESDAY, THE 1[ST] DAY OF MARCH 2023 / 10TH PHALGUNA, 1944 WP(C) NO. 37288 OF 2022** ## **PETITIONER:** **SUBEESH S AGED 37 YEARS, S/O SURENDREN G, SUBEESH BHAVANAM,ANAKOOTOOR , PURAKKOD NEDUVATHOR VILLAGE, KOTTARAKKARA, KOLLAM – 691505.** ## **BY ADV SHAJAHAN K.M.** ## **RESPONDENTS:** - **1 THE CIRCLE INSPECTOR OF POLICE KOTTARAKKARA POLICE STATION KOLLAM – 691506.** - **2 THE SUB INSPECTOR OF POLICE KOTTARAKKARA POLICE STATION KOLLAM – 691506.** ## **BY ADV E.C.BINEESH – GP.** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 2 ## **W.P.(C) No.37288 of 2022** ## **J U D G M E N T** Dated this the 1[st] day of March, 2023 The petitioner is before this Court aggrieved by the harassment allegedly meted out to him by respondents 1 and 2. The petitioner seeks to direct the respondents to take stern punitive action against the delinquent police officers, who have violated Article 21 of the Constitution of India and to pay compensation of Rs.10 lakhs to the petitioner. 2. The petitioner states that he was cruelly tortured by the police officers in Kottarakkara Police Station on 22.09.2022. Due to the brutal torture, the petitioner had to be admitted in Taluk Headquarters Hospital, Kottarakkara. The petitioner states that the Accident-cum-Wound Certificate issued to the petitioner would show that he has suffered injury due to the torture made by the Kottarakkara police. The petitioner lodged a complaint on 24.09.2022 before the Superintendent of Police (Rural), 3 ## **W.P.(C) No.37288 of 2022** Kottarakkara, stating that he was brutally tortured and he was illegally detained from 20.09.2022 to 22.09.2022. The petitioner sought for strict punitive action against the offending police officers. In spite of the complaint made by the petitioner, no action has been taken against the offending officials. 3. Relying on the judgment of the Apex Court in **Nilabati Behera Alias Lalit v. State of Orrissa and others** [1993 SCR (2) 581], counsel for the petitioner urged that the petitioner is entitled to compensation for the violation of Article 21 inflicted on him. The counsel for the petitioner also relied on the judgment of the Apex Court in **D K Basu v. State of West Bengal** [1997(1) SCC 416]. These judgments underline the requirement of protection of an individual from torture and abuse by the police and other law enforcing officers. In the circumstances of the case, the respondents are compellable to take punitive action against the offending police officers and to pay compensation to the petitioner, urged the counsel for the petitioner. 4 ## **W.P.(C) No.37288 of 2022** 4. Government Pleader, pursuant to the directions given by this Court on 09.02.2023, submitted a report of the District Police Chief, Kollam Rural. In the said report, it has been stated that according to the petitioner, on 05.09.2022 after the petitioner got an information that an unidentified body was found at Killoor in Kottarakkara adjacent to Kollam-Punalur Railway line, he and his friend Santhosh reached there at about 6.00 pm. The petitioner could not identify the body. A crime was registered in Kottarakkara Police Station in connection with this. 5. The Inspector of Police stated that as part of the investigation of the murder case, many suspects were questioned, though no fruitful evidence came out. It is in connection with the said case that the petitioner was also summoned. There are sufficient reasons for suspecting the involvement of the petitioner in the crime. 6. The District Police Chief further reported that the petitioner is involved in several Abkari cases registered in 5 ## **W.P.(C) No.37288 of 2022** Kottarakkara Excise Range Office for various offences. It has been further stated that the Investigating officer in Crime No.2025/2022 summoned the petitioner to Kottarakkara Police Station from 20.09.2022 to 22.09.2022 and the petitioner voluntarily reached in the Police Station on morning all these days. It is to be noted that contrary to the allegations levelled by the petitioner that he was illegally detained in Kottarakkara Police Station from 20.09.2022 to 22.09.2022, he got engaged in a quarrel with a passenger at Killoor in connection with vehicle overtaking on 20.09.2022 at 9.30 pm. 7. In respect of the statement given by the District Police Chief, the petitioner would urge that the petitioner has produced all the evidence including Wound Certificate, the petitioner was brutally manhandled in the Police Station and was illegally detained. The respondents have made an allegation that the petitioner was found to be engaged in a quarrel with a passenger at Killoor in connection with vehicle overtaking. There is no proof 6 **W.P.(C) No.37288 of 2022** whatsoever in support of the contention. 8. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents. 9. The petitioner alleged that he was detained by the police from 20.09.2022 to 22.09.2022 in Kottarakkara Police Station. According to the petitioner, he was brutally manhandled and had to go to hospital for treatment. The petitioner has also produced Ext.P1 Wound Certificate. It is the specific case of the petitioner that Ext.P1 is as a result of the manhandling by the Police. The District Police Chief who caused an enquiry in the matter would submit that the petitioner was not detained from 20.09.2022 to 22.09.2022. There is evidence to show that the petitioner was found somewhere else in the night of 22.09.2022. 10. Perusing the pleadings in the writ petition and the memo filed by the Government Pleader, I find that whether the petitioner was manhandled by the police within the Police Station is a disputed question of fact as of now and it cannot be 7 ## **W.P.(C) No.37288 of 2022** adjudicated in a police harassment case filed under Article 226 of the Constitution of India. In the circumstances, the writ petition is disposed of without granting any relief to the petitioner. However, it is made clear that the petitioner will be free to take up the matter before the appropriate authorities to establish that he was manhandled by the Police and his rights under Article 21 is violated. Sd/- **N. NAGARESH JUDGE** ams 8 ## **W.P.(C) No.37288 of 2022** ## **APPENDIX OF WP(C) 37288/2022** **PETITIONER'S EXHIBITS** **Exhibit P1** **TRUE COPY OF THE ACCIDENT REGISTER-CUM WOUND CERTIFICATE, DATED 27/09/2022 ISSUED BY THE MEDICAL OFFICER OF TALUK HEAD QUARTER HOSPITAL, KOTTARAKKARA,** **Exhibit P2 TRUE COPY OF SPECIAL CONSULTATION & REPORTS ISSUED FROM THE TALUK HEAD QUARTER HOSPITAL, KOTTARAKKARA** **Exhibit P3 TRUE COPY OF DISCHARGE SUMMARY ISSUED FROM THE TALUK HEAD QUARTER HOSPITAL, KOTTARAKKARA, TO THE PETITIONER, BY THE MEDICAL OFFICER ON 27.09.2022** **Exhibit P4 TRUE COPY OF THE CASE SHEET ISSUED BY REGIONAL INSTITUTE OF OPHTHALMOLOGY, TRIVANDRUM, TO THE PETITIONER, DATED 28.09.2022** - **Exhibit P5 TRUE COPY OF THE RECEIPT ISSUED BY THE RURAL SP OFFICE, KOTTARAKKARA ON RECEIPT OF THE COMPLAINT ON 24.09.2022** **Exhibit P6 TRUE COPY OF THE RTI APPLICATION SUBMITTED BY THE MOTHER OF PETITIONER TO THE KOTTARAKKARA POLICE STATION ON 27.09.2022** **Exhibit P7 TRUE COPY OF THE REMINDER TO THE RTI APPLICATION DATED 03/10/2022 SENT TO THE SHO OF KOTTARAKKARA POLICE STATION WITH POSTAL RECEIPT** - **Exhibit P8 TRUE COPY OF THE LETTER DATED 5/11/2022 ASKING FOR THE REPLY OF THE RTI APPLICATION FILED BY PETITIONER** **Exhibit P9 TRUE COPY OF THE UNSTARRED QUESTION NO 1459 DATED 26TH JULY 2022, IN THE LOKSABHA** 9 ## **W.P.(C) No.37288 of 2022** **Exhibit P10** **Exhibit P11** **Exhibit P12** **Exhibit P13** **Exhibit P14** **Exhibit P15** **TRUE COPY OF THE UNSTARRED QUESTION NO.1161, ANSWERED ON 27TH JULY 2021 IN THE LOK SABHA** **TRUE COPY OF THE GENERAL DIARY REGISTER(GDR) OF KOTTARAKKARA POLICE STATION** **TRUE COPY OF THE LETTER DATED 15/11/2022 FROM SIO , KOTTARAKKARA POLICE STATION** **TRUE COPY OF THE REPLY FROM THE PIO OF DISTRICT POLICE CHIEF, KOLLAM RURAL DATED 16.12.2022** **TRUE COPY OF THE RTI APPLICATION DATED 19/11/2022 SUBMITTED BY MOTHER OF THE PETITIONER BEFORE THE DISTRICT CHIEF OF POLICE OF KOLLAM RURAL** **TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER ON 24.09.2022 BEFORE RURAL SP OFFICE, KOTTARAKKARA ALONG WITH ITS ACKNOWLEDGMENT RECEIPT**