Saturday, January 28, 2012

Police cant interfere in civil matters

The order is from AP High Court. As the 498a matter is a matrimonial dispute. Henc police cant interefere.



                                       GOVERNMENT OF ANDHRA PRADESH
                                                               ABSTRACT

     Police – Committees to monitor the cases of interference of police in Civil isputes -
     Constituted – Orders – Issued.
                  ____________________________________________________
                                           
                                                HOME (PS&C.A2) DEPARTMENT

G.O.Ms.No. 288                                                                              Dated:06.11.2010
                                                                                                         Read the following:

1. From the Hon’ble High Court, A.P., Hyderabad. orders  dt: 03.09.2010 in W.P.No. 5473 of 2010 filed by Smt. Farhat Begum W/o Naseeruddin Hasmi, Hyderabad.
2. From the D.G.P., A.P., Hyderabad, Lr.Rc.No. 494/Legis-1/2010, dated: 24.9.2010 and 28.9.2010.

                                                                       ***

ORDER:

In the reference 2nd read above, the Director General of Police, Andhra Pradesh, Hyderabad, has stated that the Hon’ble High Court, Andhra Pradesh, Hyderabad have taken a serious view of interference of police in civil disputes and directed the State Government to issue necessary instructions laying down clear modalities in order to see that immediate relief is given to the victim and appropriate action is taken against the erring police officer where police interference in civil disputes is established. The Director General of Police, Andhra Pradesh, Hyderabad, while submitting a detailed report has requested for necessary orders in the matter.

2. Inspite of clear instructions in APPM Vol-1 in order No. 322-1 and specific instructions from the office of the Director General of Police, Andhra Pradesh, Hyderabad, from time to time in the matter, many instances of Police Officers interfering in Civil disputes are brought to the notice of the Government.

3. Government, after careful examination of the matter and keeping in view the orders of the Hon’ble High Court, vide reference 1st read above, hereby constitute the following committees to monitor the cases of
interference of police in Civil disputes.

District Level Committee
1) Inspector General of Police/ Deputy - Chairman Inspector General of Police of the Range concerned
2) Superintendent of Police concerned - Member
3) Officer on Special Duty concerned - Member


Committee at Commissionerate Level
a) For Police Commissionerates Visakhapatnam and Vijayawada:
1) Commissioner of Police concerned - Chairman
2) Deputy Commissioner of Police concerned - Member
3) Addl Deputy Commissioner of Police concerned - Member

b) For Police Commissionerate, Hyderabad:
1) Commissioner of Police - Chairman
2) Addl Commissioner of Police, Co-ordination - Member
3) Addl Commissioner of Police, Crimes - Member

c) For Police Commissionerate, Cyberabad:
1) Commissioner of Police - Chairman
2) Deputy Commissioner of Police, Admn - Member
3) Deputy Commissioner of Police, Crimes - Member

4. The above Committees, on receipt of complaints on Police interference in Civil disputes, should immediately enquire into the matter not later than 15 days from the date of receipt of the complaint in this regard. During the process of enquiry the complainant shall be heard and so also, the officer against whom such a complaint is made. After such enquiry, if the complaint is not substantiated the matter shall be closed. Wherever police interference in Civil disputes is established, the committees should process the proposals to the appropriate authority for consequential action on the erring police personnel.

5. The Director General of Police, Andhra Pradesh, Hyderabad, is requested to take necessary further action accordingly and also see that the orders are implemented scrupulously.

    (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

                                                             
                                                                               P. GAUTAM KUMAR
                                                           PRINCIPAL SECRETARY TO GOVERNMENT



To
The Director General of Police, Andhra Pradesh, Hyderabad. (with a request to Communicate the orders on the members of the Committees)
The Inspector General of Police /Deputy Inspector General of Police of all Ranges in the State
All the Superintendent of Police in the State.
The Commissioners of Police Hyderabad, Cyberabad, Visakhapatnam and Vijayawada.

Copy to:
The O/o the Learned Advocate General, High Court of A.P., Hyderabad. C.No.27068/PSC/A2/2010.
SF/SC.

                                                   // FORWARDED :: BY ORDER //
                                   
                                                                                                         SECTION OFFICER

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