Legal Authority of State Police Chief in Assigning Criminal Investigations

The Supreme Court of India, in the case of State of Kerala vs. P.B. Sourabhan & Ors., addressed a critical legal issue regarding the authority of the State Police Chief to assign criminal investigations beyond the territorial jurisdiction of a police officer. The judgment, delivered by Justices Ranjan Gogoi and Prafulla C. Pant, overturned the High Court’s ruling that restricted such power under Section 36 of the Code of Criminal Procedure (Cr.P.C.).

Background of the Case

The case originated from two police complaints related to a matrimonial dispute: Crime No. 621 of 2011 and Crime No. 637 of 2011, both registered at Pettah Police Station. The complainant in Crime No. 637 of 2011, who was the accused in the other case, requested a neutral officer to investigate the matter. Acting upon this request, the State Police Chief authorized the Assistant Commissioner of Police, Cantonment, Thiruvananthapuram, to conduct further investigations.

Legal Questions Raised

• Does the State Police Chief have the authority to assign a superior police officer for investigation beyond territorial jurisdiction?
• Does Section 36 Cr.P.C. limit such powers?
• Can the decision of the State Police Chief be challenged on grounds of malafide intent?

Arguments of the Parties

Petitioner’s Arguments (State of Kerala)

The State of Kerala argued that Section 36 Cr.P.C. empowers a superior officer to investigate a case, and the State Police Chief, under Section 18 of the Kerala Police Act, has administrative control over the entire state’s police force. It was contended that restricting the power to assign cases to senior officers would undermine effective law enforcement.

Respondent’s Arguments (P.B. Sourabhan & Ors.)

The respondents claimed that the authorization given by the State Police Chief exceeded his jurisdiction. They contended that Section 36 Cr.P.C. limits the power of superior officers to their designated local areas and that the appointment of an officer from another jurisdiction violated statutory provisions.

Key Observations of the Supreme Court

Justice Ranjan Gogoi, delivering the judgment, stated:

“The High Court was not right in reading the constraints imposed by Section 36 of the Cr.P.C. on the powers of the State Police Chief to appoint a suitable and competent officer to investigate a case irrespective of the limits of local jurisdiction.”

The Court observed that Section 36 Cr.P.C. does not curtail the authority of the State Police Chief, who retains the discretion to assign officers based on the complexity and nature of the case. The judgment clarified that such decisions could only be challenged if made with malafide intent.

Final Verdict

The Supreme Court set aside the High Court’s order dated August 1, 2012, and allowed both appeals, ruling in favor of the State of Kerala. The judgment reaffirmed the authority of the State Police Chief to assign investigations beyond territorial limitations when necessary for fair and unbiased proceedings.

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Download Judgment: State of Kerala vs P.B. Sourabhan & Ors Supreme Court of India Judgment Dated 04-03-2016-1741853827862.pdf