The Kerala High Court on Friday directed the State government to pay a compensation of Rs.1 lakh to a retired teacher from Kozhikode who was abused and manhandled by a police officer while arresting him on charges of smoking in public place.
Justice A. Muhamed Mustaque issued the directive while allowing a writ petition filed by O. Prabhakaran, 70. According to him, he was dragged and manhandled by P.M. Manoj, the then Sub Inspector, Vadakara, while taking him into custody in 2012. He was released on bail only on the next day.
The court also directed the State government to recover the compensation from the salary of the police officer in monthly instalments.
Violation of SC guidelines
The court observed that the police, considered as protector of citizens, could not become a violator of his own duties under the law. The police officer was expected to show that his conduct was befitting to the office he held.
The court noted that during the inquiry conducted by the Deputy Superintendent of Police, Kozhikode, it was found that the SI acted without diligence.
He had violated the Supreme Court guidelines to be followed while making the arrest of a person.
As for the petitioner’s plea to enhance the departmental punishment awarded to the SI, the court said there was no scope for interference by the court as the department was the final authority to decide the nature of punishment to be imposed on a delinquent employee.
