Chennai: The Madras high court has observed, "The menace of 'mamool' collections more specifically by the police officers in various places across the state is the greatest concern of the public at large. Mostly it is visible that such 'mamool' collections are made by these police officers both in the local police station as well as in national highways, busy market places, and other shops. The police officers are receiving freebie from restaurants and shops, and thereby behaving unbecoming of a public servant and committing not only misconduct under Discipline and Appeal Rule but also committing offences warranting prosecution under criminal law".
Justice S.M.Subramaniam made the above observation while disposing of a petition from a retired police officer, challenging an order of punishment of censure imposed by the Additional Director General of Police, for allegedly collecting 'mamool'.
The judge said in the public domain 'mamool' collection by the police department was a common one. Such 'mamool' collections were being practiced by the officers. No effective steps were taken to control the menace of 'mamool' collection and no cases were registered under the provisions of the Prevention of Corruption Act. Though the demand and acceptance of bribe was an offence under the provisions of PCA, the officials against whom such misconduct was established no such criminal case has been registered and such a situation was certainly intolerable and the state has to initiate stringent action in this regard against the police officials by invoking the provisions of the PCA, the judge added.
The judge said on national Highways the 'mamool' collections were being done in isolated places. Though it was visible no officials were initiating any action against such offences. "It is a painful situation and a routine affair where such public servants, who all are being paid a decent salary from the tax payers money are accepting and committing such heinous offence by compromising their self respect and the dignity of the uniform they are wearing", the judge added.
The judge said the uniformed services were to be respected. They were the law implementing authority. They were the protectors of society. They were duty bound to execute the laws in its real letter and spirit and they were vested with more power to deal with the public. They were provided with discretion to exercise their power judiciously and in accordance with law. Such solemn functions of the uniformed services were to be protected to the greatest extent. "Though the motto of the uniformed services is discipline, it is slowly declining and descending. Thus, as urgent review of the situation is imminent and highly warranted. The concern of this court shall be considered as "Red Alert" to the uniformed forces", the judge added.
The judge said, "It is painful to pen down that these 'mamool' collections are now made as a casual and routine affair in local police stations. Under these circumstances, great efforts were required by the police department of the state to control the evil menace of 'mamool' collections mostly in public places. Mere issuance of the charge memo under the Discipline and Appeal Rule are undoubtedly insufficient. In all such cases, criminal cases are to be registered under the provisions of PCA as well as under the IPC as the case may be".
