Lawrence vs The Station House Officer
2021 Latest Caselaw 5875 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

    THURSDAY, THE 18TH DAY OF FEBRUARY 2021 / 29TH MAGHA,1942

                       WP(C).No.26826 OF 2020(C)


PETITIONER:

               LAWRENCE
               AGED 61 YEARS
               S/O.DEVADASAN NADAR, JIJO BHAVAN,
               PURUTHIVILA, THIRUPURAM (P.O.),
               NEYYATTINKARA, THIRUVANANTHAPURAM-695133.

               BY ADV. SRI.K.RAJESH KANNAN

RESPONDENTS:

      1        THE STATION HOUSE OFFICER
               POOVAAR POLICE STATION, POOVA P.O.,
               THIRUVANANTHAPURAM-695525.

      2        JIJO LAWRENCE
               AGED 27 YEARS
               S/O. LAWRENCE, BLESSY BHAVAN,
               NEDUMKUZHI, VILAPPILSALA, MULAYARA (P.O.),
               THIRUVANANTHAPURAM-695543.

      3        JESSY SAMUEL,
               AGED 25 YEARS
               W/O. JIJO LAWRENCE, BLESSY BHAVAN,
               NEDUMKUZHI, VILAPPILSALA, MULAYARA (P.O.),
               THIRUVANANTHAPURAM-695543.

               R1 BY GOVERNMENT PLEADER SRI SUNIL NATH N.B



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.26826 OF 2020(C)

                                      2


                              JUDGMENT

The petitioner, who is a senior citizen, residing along with his

wife in the property having an extent of 4.26 Ares comprised in

Sy.No.51/4 of Block No.20 in Thirupuram Village, has filed this writ

petition under Article 226 of the Constitution of India, seeking a

writ of mandamus commanding the 1 st respondent Station House

Officer to afford sufficient police protection to the life of the

petitioner and his wife, from respondents 2 and 3.

2. On 04.12.2020, when this writ petition came up for

admission, this Court issued notice on admission to the

respondents. The learned Government Pleader took notice for the

1st respondent. Urgent notice by speed post was ordered to

respondents 2 and 3. Having considered the submissions made by

the learned counsel for the petitioner, this Court, by an interim

order, directed the 1st respondent to afford adequate protection to

the life and property of the petitioner and to positively ensure that

no harm is caused to him by respondents 2 and 3.

3. On 15.01.2021, when this writ petition came up for

consideration, the learned Government Pleader, on instructions,

submitted that on receipt of the complaint referred to in Ext.P5, the WP(C).No.26826 OF 2020(C)

petitioner and respondents 2 and 3 were summoned to the police

station and they were directed not to create any law and order

problem and that, the 1st respondent is having a close watch on the

residential building of the petitioner.

4. On 18.01.2021, a statement has been filed by the 1 st

respondent Station House Officer, paragraphs 3 to 6 of which read

thus:

"3. It is submitted that the petitioner is a retired KSRTC Driver, who is living with his wife at Jijo Bhavan, Puruthivila, Thirupurathoor, Thirupuram. It is submitted that on 27.11.2020, the petitioner had lodged a complaint at Poovar Police Station, alleging that 2 nd and the 3rd respondents, his son and daughter-in-law, are subsequently (sic: frequently) coming to his house, and demanding the petitioner to transfer the property along with the house to the 2nd respondent. They also threatened to kill him. The petitioner also alleged that the respondents 2 and 3 are trying to evict him and his wife from the house. In order to prevent the act of violence from the 2nd and 3rd respondents, he had lodged a petition before the Hon'ble Munsiff's Court, Neyyattinkara and obtained an injunction order vide O.S.No.904/2020 restraining the respondents from evicting the petitioner from his house. Due to this, on 24.11.2020, 1 st and 2nd respondents, threatened to kill him by showing a chopping knife.

WP(C).No.26826 OF 2020(C)

4. It is submitted that in connection with the complaint and its gravity, both the parties were summoned to the Police Station on the next day itself. After hearing the arguments from the complainant and the counter complainant, a settlement was reached between them. By the settlement, the counter complainant agreed that he will not violate the judgment (sic: injunction order) of the Hon'ble Munsiff's Court, Neyyattinkara and will never indulge in criminal activities against the petitioner. He was warned not to indulge in criminal activities and if it is continued, strong legal action will be initiated against him. It is submitted that after reaching out an agreement, both the parties left the Police Station.

5. it is submitted that as a senior citizen, police is carefully observing in the area, where the house of the petitioner is situated and there is no law and order issues after the settlement. The petitioner is living peacefully along with his wife without any fear.

6. it is humbly submitted that now there is no threat to the petitioner from the 2nd and 3rd respondents. Police will take appropriate legal action against the respondents, if they violate the injunction order of the Hon'ble Munsiff's Court. It is submitted that police personals are instructed to keep close watch the deeds of the 2nd and 3rd respondents and ready to provide police protection as and when required by the petitioner."

5. Heard the learned counsel for the petitioner and also the

learned Government Pleader appearing for the 1st respondent. WP(C).No.26826 OF 2020(C)

Despite service of notice, none appears for the 2 nd respondent.

Service of notice on the 3 rd respondent is declared as complete by

order dated 18.02.2021 in I.A.No.1 of 2021.

6. The Kerala Police Act, 2011 is enacted to consolidate and

amend the law relating to the establishment, regulation, powers

and duties of the Police Force in the State of Kerala and for matters

connected therewith and incidental thereto. Chapter II of the Act

deals with duties and functions of Police. Section 3 of the Act deals

with general duties of Police. As per Section 3, the Police, as a

service functioning category among the people as part of the

administrative system shall, subject to the Constitution of India

and the laws enacted thereunder, strive in accordance with the law,

to ensure that all persons enjoy the freedoms and rights available

under the law by ensuring peace and order, integrity of the nation,

security of the State and protection of human rights. Section 4 of

the Act deals with functions of Police. As per Section 4, the Police

Officers shall, subject to the provisions of the Act, perform the

functions enumerated in clauses (a) to (s) of Section 4. As per

clause (a), the Police Officers shall enforce the law impartially; and

as per clause (b), the Police Officers shall protect the life, liberty, WP(C).No.26826 OF 2020(C)

property, human rights and dignity of all persons in accordance

with the law.

7. Lord Denning in 'The Due Process of law' [First Indian

Reprint 1993, Page 102] has described the role of the Police thus;

"In safeguarding our freedoms, the police play vital role. Society for its defence needs a well-led, well-trained and well-disciplined force or police whom it can trust, and enough of them to be able to prevent crime before it happens, or if it does happen, to detect it and bring the accused to justice.

The police, of course, must act properly. They must obey the rules of right conduct. They must not extort confessions by threats or promises. They must not search a man's house without authority. They must not use more force than the occasion warrants."

8. In Manohar Lal Sharma v. Principal Secretary

[(2014) 2 SCC 532] the Apex Court held that, one of the

responsibilities of the police is protection of life, liberty and

property of citizens. The investigation of offences is one of the

important duties the police has to perform. The aim of investigation

is ultimately to search for truth and bring the offender to the book.

The Apex Court reiterated the said principle in Ankush Maruti

Shinde v. State of Maharashtra [(2019) 15 SCC 470]. WP(C).No.26826 OF 2020(C)

Having considered the pleadings and materials on record and

also the submissions made by the learned counsel for the petitioner

and also the learned Government Pleader, this writ petition is

disposed of with the following directions:

(i) In case there is any threat to the life of the petitioner

and his wife from the side of respondents 2 and 3, the

petitioner shall move the 1st respondent Station House

Officer with a request for Police protection.

(ii) In case any such request for Police protection is made

by the petitioner, the 1st respondent shall take

necessary action on that request, without any delay,

taking note of the statutory provisions referred to

hereinbefore and also the law laid down in the decision

referred to supra.

No order as to costs.

Sd/-

                                                 ANIL K.NARENDRAN
jv                                                     JUDGE
 WP(C).No.26826 OF 2020(C)






                                APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1                  TRUE COPY OF THE LAND TAX RECEIPT DATED

20.10.2020 ISSUED TO THE PETITIONER FROM THIRUPURAM VILLAGE OFFICE.

EXHIBIT P2 TRUE COPY OF THE PLAINT IN O.S.NO.904/2020 ON THE FILE OF THE MUNSIFF'S COURT, NEYYATTINKARA DATED 10.11.2020.

EXHIBIT P3 TRUE COPY OF THE INJUNCTION ORDER DATED 12.11.2020 IN I.A.NO.1/2020 IN O.S.NO.904/2020 OF THE MUNSIFF'S COURT, NEYYATTINKARA.

EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 27.11.2020 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE ACKNOWLEDGEMENT DATED 27.11.2020 ISSUED BY THE 1ST RESPONDENT.