Arrest a person only after ensuring their identity and address, SPC told
The Kerala High Court has directed the State Police Chief (SPC) to give suitable instructions to police officers to ensure that instances of arrest or detention on the basis of wrong identity do not result in the invasion into the life and liberty of innocent citizens.
Justice Gopinath P. issued the directive recently while dismissing a petition filed by Shalet of Kollam seeking compensation for the illegal arrest and detention of the petitioner under mistaken identity by police officers at the Eravipuram police station. The police submitted that she was arrested on the basis of a non-bailable arrest warrant issued by the Judicial Magistrate Court-I, Kollam. She was picked up from her home on seeing the address in the warrant and considering her criminal antecedents. When it came to the knowledge of the police that the petitioner was not the person against whom the non-bailable warrant had been issued, she was immediately let off.
The court observed that the facts in the case had brought out the urgent necessity of ensuring that the identity of the person was established clearly before any arrest/detention was made, either in the execution of a warrant issued by the court or otherwise.
Dismissing the plea for compensation and action against the police officers, the court observed that the action by the officers was in the execution of an arrest warrant issued by the Judicial First Class Magistrate Court, and that the court was not able to find any material to establish that their action was was mala fide.
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