In a significant ruling, the Kerala High Court has made it clear that police have no authority to adjudicate civil matters, such as property encroachment, which fall under the jurisdiction of civil courts alone.
Justice Kauser Edappagath emphasized that the role of the police is limited to maintaining law and order, and they should not intervene in private disputes unless criminal activity is involved. The court firmly stated, “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 case in question involved a property dispute between Ibrahim, a resident of Lakshadweep, and his neighbor, Shareefabi, who accused Ibrahim of encroaching on 70 square meters of her land. The Station House Officer (SHO) of Kadamath police station had issued a notice ordering Ibrahim to remove the encroachment within 15 days, based on a complaint from Shareefabi. The sub-divisional officer also directed the SHO to take action regarding the alleged encroachment.
Ibrahim challenged the police’s involvement, arguing that the matter was purely civil and should be handled by a civil court. While the police defended their actions as preventive measures against criminal trespass, the High Court disagreed, noting that the police had overstepped their legal authority.
Justice Edappagath pointed out that while the police can investigate complaints that disclose criminal offenses, they do not have the power to act as a civil court. The Court quashed the SHO’s directive and the letter from the sub-divisional officer, deeming both to be illegal actions.
This decision reinforces the boundary between criminal law enforcement and civil adjudication, clarifying that police intervention in civil matters is improper unless criminal elements are involved.
