'Police have no authorities to compromise between parties', says MHC

CHENNAI: The Police officials have no authority or jurisdiction to entertain any compromise between the parties in respect of cognizable offenses, observed the Madras High Court (MHC) and directed the State to take criminal and disciplinary action against two police officials for extorting gold jewellery from a couple.

A petitioner Mohamed Rafiq from Thiruvallur moved the MHC seeking to direct the police department to return the 10.5 sovereigns of gold jewellery extorted by two police officials.

The case was listed before Justice SM Subramaniam.

According to the petitioner, the husband of his daughter-in-law's sister lodged a complaint against his son Ansari alleging that he stole 10.5 sovereigns of gold jewellery from their house.

On February 24, 2016, Adambakkam police issued a CSR copy to the complainant and the same the petitioner and his wife Sakila Banu were called by the police for investigation.

The counsel for the petitioner, A.Mohamed Ismail contended that inspector Prabhu and sub-inspector Kanniappan of Adambakkam police station ill-treated his client and his wife by handcuffed them within the police station and forcibly extorted their jewellery in lieu of the stolen jewellery.

The government counsel vehemently objected to the petitioner's submission. The petitioner and his wife have expressed their willingness to settle the matter and offered their jewellery voluntarily, said the counsel. The police personnel have not made any irregularity and sought to reject the petition, the counsel added.

"The power exercised by the police officials in settling the matter between the parties, is found to be directly in violation of the provisions of the criminal procedure code (CrPC) ", wrote the judge.

The police officials have no authority or jurisdiction to entertain any such compromise between the parties in respect of cognizable offenses and direct any one of the parties to return the jewellery, in lieu of the stolen jewelry, read the judgment.

Such a practice, if permitted, would lead to an anomalous situation, where the police station would be converted as Criminal Court of Law, read the judgment.

The inspector and sub-inspector of Adambakkam police station have not only committed lapses, negligence, dereliction of duty, warranting departmental disciplinary proceedings, under Service Rules but allegedly committed an offense of extortion, wrote the judge.

Further, the court directed the State to take criminal and disciplinary actions against the police officials within four weeks and allowed the petition.