Kerala HC Directs Inquiry Against Police Officer For Violating Full Court Order To Avoid Arrest Unless Inevitable [Read Order]
4 years, 10 months ago

Kerala HC Directs Inquiry Against Police Officer For Violating Full Court Order To Avoid Arrest Unless Inevitable [Read Order]

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A single-Judge bench of the Kerala High Court recently directed the District Police Chief to initiate an enquiry into the conduct of an Investigating Officer, who arrested an accused in a sexual harassment case, in contravention of a Full Court's direction against arrest unless the same is inevitable during the COVID-19 pandemic. On March 25, 2020, the Full Bench of the Kerala High Court comprising of Chief Justice S Manikumar, Justice CK Abdul Rahim and Justice CT Ravikumar had ordered, "right of personal liberty guaranteed under Article 21 of the Constitution of India should not, at any rate, be infringed by arresting an accused, except in matters where arrest is inevitable." "It is also to be noted that the decision of the Full Bench is published in all media and the investigating officer alone cannot say that, he was not aware about the decision of the Full Bench of this Court," the bench said while directing institution of an enquiry against the IO. The court has now directed the District Police Chief, Palakkad to conduct an enquiry regarding the conduct of the Police Officer, who arrested the petitioner in this case, when a general direction issued by the Full Bench regarding arrest of the citizen was in force.

History of this topic

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