Police Department cannot be Selective in Enforcing the Orders passed by Courts

23
12/2018

Police Department cannot be Selective in Enforcing the Orders passed by Courts

In JOHNSON KURIAKOSE vs FR. THOMAS PAUL RAMBAN, the Kerala High Court has held that no discretion is vested in any of officers of police department, however high he may be, to decide as to which court order shall be enforced and which shall not be. A lawful order passed by a competent court, whether it be by a court of lowest jurisdiction or the highest court in the land, the police is bound to enforce it in accordance with law. Police has no right or authority to sit in appeal on the orders passed by the courts and examine its correctness. It can be decided only by higher courts in the hierarchy. State administration also has a non-negotiable constitutional responsibility to maintain majesty of the rule of law. The police department, being a limb of the State administration, is also duty bound to enforce the rule of law.

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