THIRUVANANTHPURAM: Chief Minister Oommen Chandy has again written to Prime Minister Narendra Modi apprising him about the Delhi police officers' raid on the Kerala House. In his letter, the Chief Minister said that he wanted to tell the Prime Minister about the contemptible action of the police.
Section 11 of the Delhi Agricultural Cattle Preservation Act, 1994 deals with the power of entry and search of premises and seizure of illicit meat of agriculture cattle, the slaughter of which is prohibited under it.
Under section 11 (4) , the police officers’ powers are confined to entry, stopping and searching of any vehicle used or intended to be used for the export of agricultural cattle.
They can only search the vehicles and non-premises. He said a Constitution Bench of the Supreme Court had held in a case that search and seizure by an unempowered officer cannot form the basis of any valid charge.
The Delhi policemen, without notice, barged into the premises of Kerala House, the state's office in Delhi, ostensibly to search the premises, to find out whether the meat of agricultural cattle as per schedule 2(A) of the Act is kept on the premises.
The premises are under the direct charge of the Resident Commissioner, a senior IAS officer of the rank of principal secretary. This high-handed act of Delhi police was in total derogation of the provisions of the 1994 Act, he said.
The encroachment was a punishable offence under section 186 and 353 of IPC. With the Delhi police embarking on such illegal misadventures, the state government has been advised to initiate legal action against them, he said.
