Police standing orders cannot override Criminal Procedure Code (Cr.P.C.), Justice P.V. Sanjay Kumar of the Telangana High Court ruled on Friday.
Hearing a contempt petition against the Karimnagar police relating to raids on Pushpanjali resort three years ago, the judge observed that police had to comply with the Cr.P.C. irrespective of their standing orders. The resort owner approached the HC after the Karimnagar police raided the resort in 2015, stating that the police were stalling playing of game of rummy.
The judge passed an order directing the police officials not to interfere with the card game of rummy (13-card game), whatever the stakes. The order also directed the resort owner to install surveillance cameras and record the recreational activities, including playing of the card games, to ensure the permission for card games was not used for indulging in gambling.
Resort acting president V. Jagapathi Rao filed the contempt plea, alleging that the police continued to raid the resort even after the judge passed the direction. Earlier, petitioner’s counsel Ravi Kiran Rao stated that police wilfully disobeyed the court order. Policemen coming to the resort with a bus and some of them being in plain clothes and others not wearing the name badges were cited as wilful disobedience.
Denying wilful disobedience, government counsel said policemen of ‘special parties’ didn’t wear uniform. But what about the policemen in uniform who were without name badges, the judge asked.
“There is a limit to police excesses,” the judge said. Expressing dissatisfaction over government counsel’s response, the judge asked him to come prepared for detailed reply over the arguments of the petitioner’s counsel .
Otherwise, the Advocate-General would have to appear in the case, he said.
