'Too Restrictive' : Supreme Court Modifies Kerala High Court Directions On Police Arrest From Court Premises

The Supreme Court today(March 9) partially modified the Kerala High Court's order laying down guidelines to be followed by police personnel for arresting persons from Court premises.The Supreme Court endorsed the defintion of "Court Premises" given in Para 8.1 of the High Court's order, which reads - "Court premises” shall be taken as referring to not just the courtrooms, but shall also include all lands, buildings and structures (except residential quarters) used in connection with court proceedings during the notified working hours of the court, or till the court is in session, whichever is later.At the same time, the Supreme Court found the High Court's directions in Para 8.3 to be "too restrictive". As per this part of the High Court's order, the police can arrest an accused from Court premises only :in emergent situations necessitating immediate action in order to prevent the occurrence of a cognizable offence within the court premises, orabsconding persons/accused in long pending warrant matters in the court premises.Modifying this part of the High Court's order, the Supreme Court clarified that the police can arrest an accused from court premises :(a) to prevent occurence of cognisance offence in Court premises (b) to arrest the accused/suspect where immediate on committing an offence such accused/suspect can be apprehended at the spot (c) to prevent any suspect/accused from hiding himself in court premises.On August 19, 2025, a High Court division bench comprising Dr Justice A.K. Jayasankaran Nambiar and Justice Jobin Sebastian passed the order in a suo motu case initiated by the Court to deal with the instances of violence by police against the legal fraternity after an alleged attack on a lawyer by police officers on the premises of Ramankary Magistrate Court, Alappuzha. The case was initiated based on a letter to the Court by the Kerala High Court Advocates' Association (KHCAA).The High Court's order was taken in appeal to the Supreme Court by the Kerala Police Officers Association, represented by Senior Advocate R Basant. Basant submitted that the definition of "Court premises" is too narrow, and the Committee constituted at the State and the District Level to address conflicts between lawyers and police officers does not have a place for the Police Association.Clarifying that the Committee will have no power to dilute the powers exercised by police personnel, a bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi modified the order, particularly paragraph 8(2)(iii), which defines when the police can arrest without prior permission of the jurisdictional court/presiding officer.Disposing of the matter, it ordered: "It seems to us that the definition of Court premises given by the High Court, in para 8.1, appears to be correct and warrants no further clarification.We would not have set aside directions in 8.2, but for clause 3 of the paragraphs. We find that clause 3 is also too restrictive and it imposes an undesirable obligation on an authorised police officer in respect of occurence that has taken place within the Court premises. We therefore modify clause 8.2(iii) and the same shall be read as follows: 'police shall be at liberty to arrest persons in court premise or use necessary force in order (a) to prevent occurence of cognisance offence in Court premises (b) to arrest the accused/suspect where immediate on committing an offence such accused/suspect can be apprehended at the spot (c) to prevent any suspect/accused from hiding himself in court premises." As for the District Level Committee, the Court allowed one more police officer to be included as a member, who shall be nominated by the jurisdictional Inspector General of Police or the Commissioner of Police, as the case may be. It, however, clarified that the State and District Committees have no power to dilute the powers of the police personnel on maintenance of law and order.The District Committee constituted by the High Court consisted of the Principal District Judge/Judicial Officer nominated by him, the District Police Chief, the District Government pleader, the President of the Bar Association, and a member nominated by the Bar Association.Case Details: KERALA POLICE OFFICERS ASSOCIATION Vs STATE OF KERALA|SLP(C) No. 31008/2025

'Too Restrictive' : Supreme Court Modifies Kerala High Court Directions On Police Arrest From Court Premises

Gursimran Kaur Bakshi

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