Kerala High Court Orders Mufti Police To Carry ID Cards, Authorization Order For Proper Identification

The Kerala High Court has ordered mufti police to carry their identity cards and the specific order authorizing them to discharge their duties in mufti, for proper identification by the citizens. Mufti police is a term used to refer to police who is wearing civilian dress instead of uniform, during their job.Justice P.V.Kunhikrishnan observed that in the absence of such ID and authorization order, the public cannot be blamed for questioning a mufti police. The bench observed,“Kerala is a state where literacy rate is high. Most of the people are sensitive. Therefore policemen should be vigilant while doing mufti policing…They should introduce themselves as policemen and also show their identity cards before intercepting or questioning the suspected people. Without the same, if the public questions a mufti police, nobody can blame them.”As per facts, mufti police were following two individuals when they noticed them speaking to three other people. Upon approaching and questioning them about why they were standing there, the individuals sprayed some liquid on the officers' faces and ran away. Thus, the petitioner was alleged to have wrongfully restrained and deterred the public servants from discharging their official duty. Crime was registered alleging commission of offences under Sections 189(2) 191(2), 191(3), 190, 115(2), 132, 123 and 121(1) of the BNS. The Counsel for Petitioner submitted that policemen were in Mufti and did not show their identity cards to the accused. The Public Prosecutor submitted that mufti policing was required especially in narcotic cases, as the accused would immediately flee the scene if the police arrived in uniform.The Court was informed Section 294 of the Kerala Police Manual refers to mufti patrolling. It reads thus, “All Policemen on beat or patrol duty should perform their duties in uniform unless for special and limited purposes mufti patrols are specifically ordered…”The Court thus noted that mufti policing was permitted in special and limited purposes only when specifically ordered, otherwise all policemen on beat or patrol must be in uniform. The Court further stated that neither the BNSS nor the Kerala Police Act has mention of mufti police. Relying upon Avinash v State of Kerala (2021), the Court observed that police should be in uniform while discharging their duty. The Court further stated that general public is aware of the misuse of uniforms by individuals duping as police, CBI, Custom officials. It stated that mufti police must remain vigilant due to such fraudulent activities of criminals. Court said, “ Nowadays, several criminal activities like defrauding people are done by criminals using uniforms of police, customs, CBI etc. Even the name boards of Judges in vehicles are misused by the criminals to commit offences. Therefore, the police department should be aware that the general public is aware of these types of criminal activities by misusing the uniform of police, customs, CBI etc. They may question the people coming in Mufti claiming that they are police officers.”In the facts of the case, the Court noted that there was no specific order to prove that the police were authorized to do mufti duty. It also noted that even the officers introduced themselves as policemen, they did not show their identity cards. The Court thus concluded that mufti policing must be based on a specific order and that they must show their identity cards and keep the authorization order with them. In the facts of the case, the Court allowed the Petitioner's bail on stringent conditions. The Court also directed that the investigation can be conducted as per law. Counsel for Petitioner: Advocates Francis Assisi, Ajeesh S.Brite, DarsanaCounsel for Respondents: Senior Public Prosecutor Hrithwik C.S.Case Title: Shibin Shiyad v State of Kerala Case No: Bail Appl. No. 10332 OF 2024Citation: 2025 LiveLaw (Ker) 111Click here to read/download Order

Kerala High Court Orders Mufti Police To Carry ID Cards, Authorization Order For Proper Identification

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