After hearing the parties, the Court found that viewed from any angle, the case of the petitioner did not inspire confidence.
It was noted that in many cases, relatives of accused persons were sending representations to higher officials, and filing petitions seeking action against police authorities. Justice Subramaniam opined that such petitions should be rejected at the threshold, if the facts were doubtful.
“Such writ petitions, at no circumstances, be encouraged by the High Court, unless the petitioner has followed the procedure as contemplated under law“, the Court recorded.
While conceding that the police have committed excesses in the past, the Court made it clear,
“However, such excessive exercise of power of the Public Authorities is to be substantiated and established. In the absence of any such proof to establish that the Police Authorities have exceeded their power, no direction can be issued to take departmental action against the Police Officials while performing their lawful duties by following the procedures as contemplated under law.”
Source: Barandbench
