In the "socialist republic" another controversial order has come in. The High Court has ruled against the K.P practise of police officers checking motor vehicles and for a violation issuing a "summons/notice" on the spot. The Hon. HC feels that Sub-Inspectors are punching above their weights and taking up a job reserved for a magsitrate court. A Sub-Inspector (who did this) was asked to personally appear and explain why he did it. He stated that it was based on a 1972 Kerala Govt. Order. The petty case charged by him was thrown out.
The current practise is that when a petty case (less than INR 1000 fine) is charged, the accused is given a "notice" asking him to appear at the jurisdictional magistrate court. The notice (along with details of the offence) would be given by a police sub-inspector. This was conveinient for all parties concerned.
1. Less paper work for the magistrate's court
2. The accused knows the offences, and the date to appear at the court
3. He can pay up the fine by Money Order, using an advocate or come prepared to fight it out in the court.
If the rules get changed based on the Hon.HC ruling, then
1. Every single petty case charged by the jurisdictional police stations would land up at the magistrate's court. The magistrate have to check the basics of the case, and ask a notice to be issued.
2. The notice lands up back at the PS, and policemen would have to be detailed to serve the notice. This would be fun, as if the case is charged at say Kalamassery (near Kochi) PS, and the accused stay at Kasaragod, the notice have to get served at Kasaragod. Cops would have a fun time organising the logistics.
3. If the accused do not get the notice on time, and fail to appear arrest warrants gets issued. It would be fun for the accused, when he notices a police party at his home to arrest him for a petty case
. The gossip-crazy Mallus would also land up in large numbers with their mobile phone to record the arrest and taking-away of an individual from the locality.