Coercive and extra-judicial methods used by police would be violative of rule of law

Allahabad High Court: While deciding the case relating to obstruction, in construction on the portion of land on which petitioner claimed his share, caused by one of the Respondents, who is the Officer in-charge of police station by using coercive methods to stop the petitioner to carry on the construction work, the division bench of Dr. D. Y. Chandrachud, C.J. and Dilip Gupta J. held that Police authorities cannot exercise powers which are not conferred upon them by law. These coercive and extra-judicial methods would be violative of rule of law and that in the present case, Respondents are free to seek any relief which is legitimately open to them, from the Court of law but cannot exercise powers which are in the ambit of Civil Court for deciding a case. [Irshad v. State of U.P. Thru secy. Writ C No. – 21415 of 2014, decided on April 16th of 2014]

Print Page