Kerala High Court asks police chief to ensure innocent persons are not arrested due to mistaken identity

The Kerala High Court recently directed the State Police Chief to take steps to ensure that innocent persons are not arrested or detained due to errors in identifying the persons who are actually to be arrested [Shalet v State of Kerala & Ors]..The Court was dealing with a petition filed by a woman who claimed that she was detained at a police station by mistake as her name and address were similar to the name and address of another person against whom a non-bailable warrant had been issued.Justice Gopinath P observed that it is critical for police officials to clearly establish the identity of individuals before detaining them."The facts, therefore, bring out the urgent necessity of ensuring that the identity of the person is established clearly before any arrest/detention is made by the Police officials, either in the execution of a warrant issued by the court or otherwise ... I deem it appropriate to direct the State Police Chief to come out with suitable instructions to ensure that similar instances of arrest or detention, on the basis of the wrong identity, does not result in the invasion into the life and liberty of innocent citizens," the Court ordered in the June 21 judgment..By way of background, the petitioner was a tuition teacher who claimed that she was arrested in connection with a criminal case that had nothing to do with her. Earlier, her husband was arraigned as an accused in a cheating case on allegations that he took money from various persons while promising jobs abroad before failing to deliver on such promises. The petitioner said that she was also implicated in the same case as part of an attempt to put pressure on her husband, even though there were no direct allegations against her. She secured anticipatory bail in this case. Despite that, the petitioner said that she was forcibly taken from her home and detained at the police station one evening in 2018. She alleged that the police officers also outraged her modesty by pushing her into a police vehicle and using vulgar and obscene language. She said that she was later released by the police after local people raised hue and cry.Thereafter, she filed a petition before the High Court seeking protection from such police harassment and compensation for her unlawful arrest and detention. While hearing this petition, the Court was informed that the petitioner was detained by mistake..The government pleader submitted that the police had acted under the belief that a non-bailable warrant was issued by a magistrate against the petitioner. Once the police realized the warrant was for another woman with a similar name and address, the petitioner was immediately released, the Court was told. The police, however, denied allegations that they had ill-treated the petitioner. .The Court analysed the rival contentions and concluded that the police had made a genuine mistake, and not a malafide one. Therefore, the Court declined to grant compensation to the petitioner and dismissed her plea. .However, on a parting note, it ordered the State Police Chief to take steps to safeguard the life and liberty of innocent citizens by preventing wrongful detention or arrests due to mistaken identities..The petitioner was represented by advocates V Jayapradeep, Ann Susan George, OA Nuriya, DS Lokanathan, Alan Priyadarshi Dev, and Anisha Emerson.Senior Government Pleader Thushara James appeared for the State.Advocate Mansoor BH represented certain police officers. .[Read Judgment]