HC asks DGP to come up with SOPs over police protection to enforce court decrees

The Telangana High Court asked the Director General of Police to consider issuance of Standard Operating Procedure to the district police officials over providing protection to decree holders for enforcement of orders passed by executing courts.

A bench of Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin, hearing an appeal filed against a single judge order to provide police protection to a citizen who secured decree over a property, said such SOPs might prevent unnecessary litigations in the High Court. The bench noted that the HC had been witnessing a recurrent situation of decree holders being compelled to approach the HC for implementation of the orders passed by the executing court.

“This issue, if it is endemic to the State, should require attention at the level of the competent authority,” the bench observed. Referring to the case of appeal on hand, the bench noted that a couple from Athmakur mandal of Yadadri Bhongir district approached the HC seeking police protection for securing their property.

They secured a decree from the Junior Civil Judge of Alair over a property. The civil court directed the district Superintendent of Police, Choutuppal sub-divisional police officer and the station house officer of Atmakur to provide police protection in the matter. The couple moved the HC stating the three officers did not act upon their request. After hearing contentions, the single judge instructed the police to provide protection to the couple in enforcement of the decree order.

However, Peesari Gopaiah (one of the private respondents in the matter) went for an appeal against the single judge order to provide police protection to the petitioner couple. The bench noted that HC had been witnessing pleas arising out of similar situations. While the decree holders were compelled to come to the HC for enforcement of executing court orders, the affected parties were filing appeals, the bench remarked.

In the case of the couple, the bench gave three weeks of time to the Government Pleader for Home to deliberate the matter with the DGP. It also asked the DGP to examine the issue which was affecting administration of justice across the State in such cases. Meanwhile, the Yadadri Bhongir SP and other police officers were instructed to provide protection to the couple in execution of the decree.