Police Must Respect Civil Court Injunctions: Telangana High Court
Telangana High Court directs police to honour civil court injunctions and provide necessary protection for enforcement.
Hyderabad: The Telangana High Court made it clear that the police must respect the injunction orders passed by civil courts. The court said that when the injunction orders issued by the competent court are upheld by the higher court, the police must extend necessary protection for implementation of injunction orders.
Justice T. Vinod Kumar of the Telangana High Court said that the police cannot adopt a hyper-technical approach by claiming that there was no direction from the court to extend aid. The court also said that any anterior or subsequent enquiry and finding of the police or any other authority cannot nullify the finding of the civil court in regard to the question of possession of land.
The judge was dealing with a petition filed against Shadnagar police, who acted in contravention to the injunction orders issued by the civil court. Despite the injunction orders, the police supported the other party and seized an earthmover belonging to the person who had secured favourable injunction orders.
When the court questioned the police about its overreaching powers, they replied that in their inquiry they found that the land was in possession of other parties. The court faulted the reply of the police and pointed out that the injunction orders of the civil court were upheld by the High Court and they were not challenged by the other party.
The court said that no authority in the state, including the revenue department or the police, could ignore the finding of the court. They cannot refuse to take steps to see that the order of the court is implemented. Justice Vinod Kumar said that the party in whose favour there is an order of the court should get all help to maintain the law and order. The other party must not be allowed to contravene the injunction order and create law and order problems.