Register criminal cases against police officials who receive 'mamool': Madras High Court to authorities

The Madras High Court last week directed the State government and the Director General of Police to take effective steps to eradicate the practice of police officers receiving mamool (bribe paid by shop vendors to police) [K Kumaradoss v. The Principal Secretary to Government]..Calling for criminal cases to be registered against police officers found to be taking mamool, Justice SM Subramaniam ordered,"Therefore, receiving of mamool, which is commonly noticed in public domain at large must be effectively controlled by the Government, more specifically, by the Principal Secretary to Government, Home Department and the Director General of Police.".The Court was of the opinion that offences went unnoticed or were allowed by police officials as they lacked the moral courage to control miscreants and offenders, since they are receiving mamool one way or the other.The judge also noted that it was not as though higher officials are unaware of these offences, and yet there was little attempt to minimise the commission of such crimes."For instance, receiving mamool, which is a corrupt activity, no criminal case has been registered against such police officials under the Prevention of Corruption Act ordinarily. Mostly the departmental actions alone are initiated and on some occasions, certain minor punishments are imposed," said the Court..The Court was hearing a plea by retired special sub-inspector challenging an order of punishment that was confirmed by appellate authorities. During his service period, the petitioner was found to be receiving mamool of ₹50 twice a week from someone running a bunk shop. As punishment, he was slapped with a reduction in time scale of pay by three stages for three years.The petitioner mainly contended that he had an unblemished record of service for about 35 years and the charges against him were based on a false complaint. Additionally, it was submitted that the punishment was imposed during the fag end of his retirement, and thus, could not be implemented..On the contrary, the respondents stated that the punishment was imposed when the petitioner was in service, and therefore, was implementable..The Court found that a detailed enquiry was conducted wherein the petitioner was provided with an opportunity of hearing. In light of the proved charges, the punishment could not be said to be disproportionate, Justice Subramanian held.In fact, the Court went on to remark that the nature of the punishment imposed reflected that the police department had not taken the corruption charges seriously."There must be a drastic change in the attitude on the part of the competent Authorities and they are expected to work swiftly so as to minimise the corrupt practices currently and to eradicate in future," the order stated..It was recorded that police officials receiving mamool was the greatest concern in the public domain."By receiving mamool, the police officials are allowing encroachments in footpath hawkers and allowing the traders to commit illegalities. That apart, even encroachments for running business are permitted by the police officials by receiving mamool.".With these observations, the plea was dismissed. The petitioner was represented by Advocate Dr R Sampathkumar while Special Government Pleader S Anitha appeared for the respondents. .[Read Order]