HC orders issuance of NBW to arrest cop

MADURAI: The Madurai bench of the Madras high court on Friday ordered to issue a non-bailable warrant (NBW) to arrest and produce the inspector of police of Rajakkamangalam in Kanyakumari district on August 11, after the hut of a petitioner was demolished when the dispute relating to the property was pending before this court and the petitioner, a widow was seeking police protection.
Justice N Kirubakaran, dealing with the petition of one Chellam, a widow, who was living with a mentally challenged son, pointed out that the petitioner had been seeking police protection at Dharmapuram village where she was living in a hut.Chellam filed the petition on August 4, enclosing a photograph that showed her and her son sitting with the articles thrown out. The court which took the matter into consideration suo motu impleaded the inspector as 8th respondent and posted the matter for Friday. However, the inspector did not come to the court for case's hearing, though the government advocate claimed that he had sent the message to the inspector.
The court was told that despite conveying the message to the inspector, the private respondents (rival group of the petitioner) along with six advocates and police officials had demolished the hut of the petitioner when the matter is pending before this court.
When the matter was pending and the inspector had been informed about the same, on August 6, the same evening the petitioner's house was demolished. There is a prima facie clear case, the judge said.
"This court is unable to understand as to how the structure could be demolished when the inspector had been impleaded as party," the judge said.
"The judge said it is a routine practice of the police officials in many cases that they are not following the instructions given by the government advocate. Only if the police follow the instructions of the court, it would be in a position to dispose of the matters. If proper assistance was not given by the police, the justice delivery system cannot function properly," the judge said.
"The inaction on the part of the police officials would amount to interference with the administration of justice. This practice has to be deprecated and given a full stop, otherwise courts cannot function," the judge said.