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Kochi: The Kerala High Court on Tuesday made it clear that Kerala police officers including SI do not have the power to issue notice to perosn charged with criminal cases including petty case, asking them to present before the court. At present it's the police officers who gives notice detailing the date on which those charged with case have to present in the court. But Justice V Ramkumar observed it as infringement to the power limit of the court.
Court also directed to stop the system where the city police commissioner, SP or other lower level officers giving quota on how many person are to be booked in each day. The police have been booking vehicles even for minor charges without considering the difficulty of people, to set their quota.
The court made the statement while considering a petition filed by a person who was asked by Panangad station SI to present in Ernakulum Additional chief Judicial Magistrate court on May 10. Ramesan from Ernakulum Marad questioned the notice. On February 23, 2010 Ramesan who reached home after closing shop was taken into custody by the police form the home. The alleged crime was that Ramesan drove the vehicle in over speed and was drunken. The allegation of drinking was later removed
Court observed that the incident was shocking one as the SI gave notice who do not own such power. The SI gave notice in the prime phase as there is rule that notice can be send by magistrate after examining the police report. Court observed that it is strange that the magistrate also do not took any action against the same. HC asked whether there exists system where a police men filed notice as it is the magistrate who should gave it or whether the magistrate has given the power to police.
Panangad SI who was present in the court said that he issued notice as per government order in 1972 in which police can issue notice on petty case. Petty case are those with a fine below Rs 1000. But court stated that charges against petitioner were imposed as per Motor Vechicles Act which can not be viewed as petty case.
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The court made the statement while considering a petition filed by a person who was asked by Panangad station SI to present in Ernakulum Additional chief Judicial Magistrate court on May 10. Ramesan from Ernakulum Marad questioned the notice. On February 23, 2010 Ramesan who reached home after closing shop was taken into custody by the police form the home. The alleged crime was that Ramesan drove the vehicle in over speed and was drunken. The allegation of drinking was later removed
Court observed that the incident was shocking one as the SI gave notice who do not own such power. The SI gave notice in the prime phase as there is rule that notice can be send by magistrate after examining the police report. Court observed that it is strange that the magistrate also do not took any action against the same. HC asked whether there exists system where a police men filed notice as it is the magistrate who should gave it or whether the magistrate has given the power to police.
Panangad SI who was present in the court said that he issued notice as per government order in 1972 in which police can issue notice on petty case. Petty case are those with a fine below Rs 1000. But court stated that charges against petitioner were imposed as per Motor Vechicles Act which can not be viewed as petty case.
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