Kerala Police Officers’ Association moves Supreme Court against High Court’s curbs on arrests inside court premises
Petition challenges Kerala High Court guidelines requiring prior permission for arrests within court premises as overreach
The Supreme Court has issued notice to the State of Kerala on a plea filed by the Kerala Police Officers’ Association challenging the Kerala High Court’s August 19 order that restricts police from making arrests within court premises without prior permission from the presiding judge. A Bench of Justices Surya Kant and Joymalya Bagchi is hearing the matter.
The High Court’s suo motu guidelines, prompted by clashes between lawyers and police at a magistrate court in Alappuzha, define “court premises” broadly, including courtrooms and surrounding structures but excluding residential quarters. They require police to inform the presiding officer before arresting anyone during court hours, with exceptions only to prevent immediate cognizable offences or execute long-pending warrants against absconders. The guidelines also mandated grievance redressal committees to resolve disputes between the Bar and police.
The Police Officers’ Association argues the High Court overstepped its authority by enforcing rules beyond existing laws like the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Kerala Police Act, 2011. They contend that BNSS already provides arrest procedures, and police have a statutory duty to promptly execute warrants anywhere without prior judicial permission. The petition describes the High Court’s directions as judicial legislation infringing on legislative prerogatives.