Lawyer’s Plea Alleging Police Harassment : Kerala High Court Passes Interim Order Restraining Police

The Kerala High Court issued notice on a petition filed by a lawyer alleging manhandling by police officers earlier this month. 

Justice N. Nagaresh passed an interim order directing the respondent police officials not to harass the petitioner pending disposal of his plea. 

The petitioner, who is also an acute heart patient who had undergone Angioplasty, alleged that himself and his wife were molested and brutally manhandled by the police officers of Feroke Police Station, on two occasions. 

It was averred that on October 1, 2023, upon returning from the Police Station in a car driven by his wife, and while discussing with his client in his car, his client's mother and two brothers shouted at the petitioner and his wife, and proceeded to assault his wife. 

The petitioner submitted that when he continued his discussion with his client by parking his vehicle on a public road, the respondent police officials approached them alleging that they were creating a 'riot' on a public road. It was alleged that the Sub Inspector, and two Civil Police Officers brutally manhandled the petitioner and his wife. The petitioner submitted that he had been granted bail by the Magistrate on October 2, after being taken to the Feroke Police Station by the officials. 

However, the petitioner averred that by the time, two false FIRs had already been instituted against him, while his wife had filed complaints before the City Police Commissioner, and the Station House Officer of Feroke Police Station seeking immediate action against the aforementioned police officers.

The petitioner further averred that when he subsequently took his dog for a walk at around 12.15AM on October 9, 2023, he was thrashed by the respondent Sub Inspector with the latter's lathi, and hurled with verbal abuses. He alleged that the respondent police officers patrolled around him for around 45 minutes, and that he only had a narrow escape from further physical assault from them. 

It is on apprehension of further such assault from the respondent police officers that the present plea was filed by the petitioner seeking the issuance of a direction to the former not to harass him further. 

When the matter was taken up by the Court last week, it sought the response of the respondent State authorities, and clarified that in case the petitioner's presence was required in connection with any crime, the same could only be ensured after issuance of notice. 

The present plea has been moved through Advocate Praveen Harikumar. 

Case Title: Jagadeesh P. v. State of Kerala

Case Number: WP(C) NO. 34594 OF 2023 (Y)

Click Here To Read/Download The Order