The Kerala Police Officers’ Association has approached the Supreme Court challenging the High Court’s guidelines that restrict arrests inside court premises, arguing that such directions amount to judicial legislation and create practical difficulties for effective law enforcement in practice.
The Supreme Court has requested a response from the State of Kerala regarding a petition lodged by the Kerala Police Officers’ Association.
This plea contests the High Court’s recent guidelines that mandate obtaining the presiding judge’s permission before arresting individuals on court premises.
A bench composed of Justices Surya Kant and Joymalya Bagchi issued a notice regarding the petition, which argues that the High Court’s directives have created operational challenges for law enforcement and conflict with the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Kerala Police Act, 2011.
The petition is a response to the Kerala High Court’s order from August 19, issued in a suo motu case that addressed altercations between lawyers and police within court premises. In that order, the High Court established a detailed set of guidelines for police conduct, including stipulating that no individual should be arrested during court hours without prior notification to the presiding officer.
The guidelines also clarified that the term “court premises” includes not only the courtroom but also all related buildings, structures, and land, with the exception of residential quarters. Arrests without prior notification would only be allowed in two specific scenarios: when immediate action is necessary to prevent a cognizable offense or when executing outstanding warrants against absconding accused individuals.
Additionally, the High Court mandated the formation of grievance redressal committees at both state and district levels, consisting of representatives from the Bar and the police, to resolve disputes between the two.
These guidelines were introduced in light of significant protests by lawyers in Kerala following a confrontation between an advocate and police officials at the Judicial First Class Magistrate Court in Alappuzha district’s Ramankary.
The Police Officers’ Association argues in its petition before the apex court that the High Court overstepped its jurisdiction by establishing rules over and above existing laws.
According to the petition, the BNSS already contains comprehensive provisions regarding the authority and process of arrest, and the High Court’s directives effectively alter those statutory protections.
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The order issued by the High Court is seen as an act of judicial legislation that encroaches upon a domain reserved for the legislature, it contended.
Police officers are obligated under the BNSS to execute warrants without delay, regardless of the location, and no law mandates prior approval from a judicial officer before making an arrest, the petition asserts.
The filing was made through advocate Amith Krishnan H.
Case Title: Kerala Police Officers’ Association vs. State of Kerala & Ors.