Police Officers Bound To Wear Uniform While On Duty: Kerala High Court Reiterates

The Kerala High Court has accentuated on the fact that police officers must comply with the relevant statutory provisions/guidelines making it mandatory to wear the uniform while on duty except when it is permissible under law to deviate from the said mandatory requirement.

Justice Mohammed Nias C.P while quashing proceedings against a man for questioning an officer in plain clothes, reiterated that the requirement of the police officer to wear the uniform while on duty is to be enforced without exception.

The Court was hearing a plea filed by an advocate seeking to quash a final report filed against him for constructing and assaulting a police officer discharging his duty. 

The allegation in the report was that the petitioner shoved and abused a police officer on traffic duty who was seen pasting a sticker on his car parked near a 'No Parking' sign. 

However, the petitioner argued that the Civil Police Officer was not in his uniform, so he was not aware that it was an officer. Accordingly, seeing a man in plain clothes pasting a sticker on his car, the petitioner bonfaidely questioned the authority of the person. 

The Court found that since the police officer was not in his uniform while being on official duty, there was no question of the petitioner knowing that he was a police officer, and hence intention to obstruct his duties can not be established. 

In that context, it was held that no offence was committed by the petitioner and noting that the petitioner had remitted the fine imposed for parking his car in a no parking zone, the Court found that no further penalty was warranted in the matter.  

Accordingly, the final report lodged against the petitioner was quashed by the Court. 

Nevertheless, before parting with the case, the court emphasised on the necessity of the police force to wear the uniform while on duty with reference to the relevant statutory provisions.

"The uniform of a policeman is his direct identification. A policeman in uniform is visible and a citizen immediately knows that he is a policeman which will inform that the said individual is in charge of his protection and prevention of offences. It carries an undeniable symbolic value besides representing the State authority. The police uniform also symbolises pride, respect and authority over the citizens."

It was added that Sections 43 and 44 of the Kerala Police Act not only deals with the distinctive, exclusive and easily identifiable nature of the uniform or the vehicles used by the police but also states why it is so required.

The Single Judge opined that it 'points to the importance of wearing uniform so as to make the police identifiable and in deference to the Kerala Police Act, Police Manual and Police Uniform Regulations.' 

It was further held that since police officers takes pride in their uniform and the visibility of a police officer is very critical for the police and the society, the requirement of wearing the same while on duty except where deviations are permissible shall be scrupulously observed.

As such, the State Police Chief was directed to look into the matter and issue appropriate directions to ensure that the police officers comply with the relevant statutory provisions/guidelines making it mandatory to wear the uniform while on duty except when it is permissible under law to deviate from the said mandatory requirement. 

Advocate Arun Kumar P. appeared for the petitioner and Public Prosecutor Maya M.N for the respondent. 

Case Title: Avinash v. State of Kerala

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