Deprecating the practice of policemen indulging in collection of mamool or bribe, the Madurai Bench of the Madras High Court on Thursday directed the Home Department and the Director General of Police to issue consolidated instructions to authorities competent, to register criminal cases against such allegations. The concern of this court shall be considered as a ‘Red Alert’ to the uniformed forces, the court said.
Justice S.M. Subramaniam directed the Home Department and the DGP to issue within a period of four weeks instructions to register criminal cases against the demand and acceptance of mamool (bribe) under the provisions of the Prevention of Corruption Act, 1988, as well as the Indian Penal Code.
The respondents were directed to initiate appropriate disciplinary action against the authorities competent, if they failed in their duty to register criminal cases, the court said.
The respondents were also directed to issue circulars towards effective control of mamool collections at police stations as well as public places.
Not just misconduct
The court observed that policemen receiving mamool and freebies was unbecoming of public servants and not only amounted to misconduct under the Discipline and Appeal Rule, but also an offence warranting prosecution under criminal law.
“This court is of the considered opinion that when the collection of mamool is identified or prima facie materials are available, then the competent authorities of the Vigilance and Anti-Corruption/ Police Department are duty-bound to register cases under the provisions of the Prevention of Corruption Act and the Indian Penal Code,” the court said.
The court was hearing a petition filed by M. Ramasamy. The petitioner was issued a charge memo after a complaint was made against him for collecting mamool from vehicles on a highway in Kanniyakumari district. An inquiry was conducted and the charges against the petitioner were proven.
The petitioner claimed that he was innocent and sought the quash of the order. However, the court refused the relief.