Police not entitled to meddle with or adjudicate civil disputes: Kerala High Court

The Kerala High Court recently held that the police lack the authority to resolve civil disputes like property encroachment and such power is vested exclusively with civil courts [Ibrahim v The Administrator & ors].Justice Kauser Edappagath observed that police can involve themselves only when there is a threat to law and order and not for resolving mere civil disagreements."It is not the job of the cops to meddle with or adjudicate civil disputes. The resolution of civil disputes is a matter absolutely within the realm of civil court. The police can intervene only if the law-and-order situation demands and not otherwise. Neither Cr.P.C/BNSS nor the Police Act nor any other law governing the powers and duties of police confers the police the power to adjudicate the disputed question relating to title, possession, boundary, encroachment etc," the Court stated..The Court was hearing a petition filed by one Ibrahim from Lakshadweep challenging the communication issued by the Station House Officer (SHO) of Kadamath police station over allegations that he had encroached upon his neighbour's land and built a boundary wall.The neighbour, one Shareefabi, lodged police complaint alleging Ibrahim had encroached upon 70 square meters of land.The SHO then issued a communication to Ibrahim to remove the encroachment within 15 days.The concerned sub-divisional officer also issued a letter to the SHO to initiate necessary action pertaining to the alleged encroachment..The petitioner’s counsel argued before the High Court that the dispute was purely civil and should be adjudicated by a competent civil court and not by the police. The counsel for Shareefabi argued that the action by the SHO was a legal step to prevent the petitioner from committing criminal trespass into the property of Shareefabi. The standing counsel for the Lakshadweep Administration defended the action of the SHO and submitted that his actions were well within his powers..The Court, after determining that there was a title dispute between the parties, observed that while the police were authorized to investigate complaints involving criminal offences, they lacked the authority to resolve civil disputes and should refer the parties involved in a civil dispute to a civil court or an alternative dispute resolution (ADR) forum."No doubt, the police can investigate the allegations in a complaint which discloses a criminal offence, but they do not have the power and authority to act as a civil court to adjudicate the civil dispute set out in the complaint. They are bound to relegate the parties to resolve the civil dispute through a competent civil court or duly constituted ADR Forum," the Court said.It further noted that the SHO went beyond his legal authority by assuming the role of a civil court when he directed the petitioner to remove the alleged encroachment..Thus, the Court allowed the petition, quashed the directive and letter issued by the SHO and the sub-divisional officer, deeming them illegal..The petitioner was represented by advocates Lal K Joseph, P Muraleedharan (Thuravoor), TA Luxy, Koya Arafa Mirage, Suresh Sukumar, Anzil Salim and Sanjay Sellen.Advocate V Sajith Kumar appeared for Lakshadweep administration.Advocate AB Jaleel appeared for Shareefabi. .[Read Judgment]