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If Police Officials Are Unable To Comply With Court's Order Then They Are Unfit To Hold Their Post: Madras High Court

Sparsh Upadhyay
23 Feb 2021 4:54 AM GMT
If Police Officials Are Unable To Comply With Courts Order Then They Are Unfit To Hold Their Post: Madras High Court
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Noting that when the Advocate Commissioner went to inspect the property, dogs were let loose and nobody could enter into the property despite police protection, the Madras High Court on Monday (22nd February) came down heavily on the concerned police officials.

The Bench of Justice N. Kirubakaran and Justice P. D. Audikesavalu sternly remarked,

"The Court's orders have to be implemented/complied with in letter and spirit. If the officials are unable to do that, they are unfit to hold the post that too, in a disciplined force, like police force."

Facts in brief

As per the HC's order, when an Advocate Commissioner went to inspect the property to note down physical features and to take measurements of the property, some people, who were there objected/resisted/protested against the Advocate Commissioner from entering into the property.

Therefore, she was compelled to approach this Court for police protection and police protection was also ordered.

However, when the Advocate Commissioner went to inspect the property, dogs were let loose and nobody could enter into the property despite police protection. Therefore, the matters came before the Court.

Court's observations

At the outset, the Court remarked,

"This Court is unable to understand as to how the police personnel are unable to give police protection to the Advocate Commissioner to enter upon the property."

The Court also observed,

"If the dogs were let loose, they should see to it that the dogs are controlled and action taken against the parties, who let loose the dogs. Instead of doing so, the police is only exhibiting their inability to execute the Court's order."

In this backdrop, the Court gave 48 hours to the local police to see to it that a conducive atmosphere is created for the Advocate Commissioner to enter upon the property and to take measurements and to note down physical features of the property as per the orders of the Court.

That apart, the Court also directed the police to identify persons, who are said to be in occupation of the property, their antecedents and who let loose the dogs.

Lastly, the Court also directed the police to ensure that the persons, who are all there in the property, hand over documents to the Advocate Commissioner in proof of their alleged title or alleged occupation.

The entire inspection has been directed to be video-graphed. The matter will now come up for hearing on Thursday (25th February).

Click here To Download Order

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