Suo Motu Vs State of Kerala (Kerala High Court)
The Kerala High Court initiated a suo motu Public Interest Litigation based on a letter dated 10 September 2024 received from the Kerala High Court Advocates’ Association. The letter referred to an incident involving an altercation between an advocate and police officials within the premises of the Judicial First Class Magistrate Court at Ramankary in Alappuzha district. Taking judicial notice of the increasing number of such incidents in the State, the Court considered it necessary to frame guidelines governing interactions between police personnel and members of the legal profession, particularly within court premises.
Read Interim SC Judgment: SC to Examine Rules on Police Arrests Inside Court Premises Following Advocate–Police Altercation
By an order dated 20 November 2024, the Court directed the Secretary of the Home Department and the Director General of Police to produce all relevant government orders, circulars, and memorandums concerning the conduct of police personnel while attending court proceedings. In response, the State Police Chief filed an affidavit on 6 January 2025 stating that no circular or memorandum had been issued specifically regulating police conduct within court premises, apart from general circulars relating to investigation and prosecution.
Considering the absence of specific instructions, the Court directed the State Police Chief to hold discussions with the Director General of Prosecution and other stakeholders to prepare a Model Code of Etiquette and Conduct for police personnel. Subsequently, a draft Model Code was produced before the Court on 24 March 2025. The Code contained three parts: (i) a Code of Etiquette for police personnel, (ii) standards of behaviour expected from the public and other stakeholders towards police, and (iii) standards governing media reporting on police-related actions.
