Police should ensure its circulars are implemented in toto: HC

Observing that police had violated its own circular, Madras High Court today said once orders passed by its departments are in force, police should see they are implemented in toto and there should not be any excuse of 'religious sentiments' and 'public feelings.'
The court was disposing of a contempt petition filed by activist 'Traffic' Ramaswamy in the matter of permission granted by police allegedly in violation of the High Court order and the circulars issued by government departments to instal idols on roads.
The bench, comprising Chief Justice Sanjay Kishan Kaul and Justice M Sathyanarayanan, said, "We are of the view that the police authorities must well in advance look into the arrangements which would be made and issue necessary circulars, modifications, but ensure that once they are in force, they are implemented in toto and excuses of 'religious sentiments' and 'public feelings' are not put forward to violate their own circulars."

The contempt plea was filed in the context of the circular issued by DGP on September 10,2005 stating that permission for the installation of idol on roads shall be given only after obtaining no objection certificate from TANGEDCO which was violated by the authority as mentioned in the court order.
Yesterday, Commissioner of Police S George had submitted an unconditional apology with regard to installation of Vinayagar Idol at Venkatanarayanan Road, T.Nagar, here.
Noting the contents of the affidavit filed by the CoP in which it was stated that there was every chance of creation of unnecessary complications due to religious sentiments expressed by locals, the bench said the irony is that its own circulars including memorandum by the DGP were violated by police force.

"It is quite apparent from the fact that a violation had taken place and it is justified on the basis of 'religious sentiments' expressed by local residents," it said.
"We put to the learned government pleader that it is difficult to countenance the position where on one hand, the police authorities issue circulars and on the other hand violate the same on the pretext of 'religious sentiments."
Referring to the circular issued by DGP, the bench said all aspects must be weighed "and the same be issued so that the violator is not at a premium.