Judgment :- Petitioner complains that the 5th respondent Sub Inspector of Police took her to the Police Station in a 'nightgown', at 7 a.m. on 25-6-90 at the instigation of one Parameswara Kurup. Though her mother protested, it is said that the Sub Inspector turned the Nelson's eye to the protestations, and took her away. Petitioner's father made representations, Ext.P2 before the 3rd respondent Superintendent of Police and Ext.P3 before the Home Minister of the State. Protest was raised in other ways, too. To cut a long story short, thereafter petitioner has moved this court for an enquiry into the incident, preferably by a lady judge. 2. Government presumably acting on Ext.P3 appointed the Revenue Divisional Officer, Alleppey to hold an enquiry into the allegations. Assuming that the allegations are true, a fact-finding enquiry by the Revenue Divisional Officer to enable the Government to decide on the further course of action should be sufficient. The full facts are not known yet. There is no justification in putting frills and embroidery around an incident of this nature, to qualify it for a judicial enquiry. Counsel for petitioner did not rely on any principle or authority, to show that there is a right in the petitioner to get an enquiry instituted, much less a judicial enquiry. Nor, was he able to support the prayer for revoking the enquiry by the Revenue Divisional Officer by reference to principle or precedent. 3. If a wrong is committed, it must be visited with consequences that law envisions. But, there is no justification for the demand, for a special procedure or to insist on an enquiry by a lady judge. An aggrieved person must avail of remedies that law provide, and cannot innovate his or her remedies. No bias or other legal incapacity is attributed to the Revenue Divisional Officer. 4. Every system must work on trust. To think that public authorities would only act improperly* is to deny a basic article of faith. 5.In every system of governance, responsibilities are distributed at different levels. In every complaint is to be enquired into by the highest functionaries, a stage will come when the aggrieved, look for higher than the highest, making a hierarchy system which is inevitable, a myth, putting the entire load of responsibility at the highest level. Special situations may require special considerations.
In every complaint is to be enquired into by the highest functionaries, a stage will come when the aggrieved, look for higher than the highest, making a hierarchy system which is inevitable, a myth, putting the entire load of responsibility at the highest level. Special situations may require special considerations. Sensational is action of issues, out of proportion, is not a wholesome trend. Vigil and fair criticism are pillars that sustain a democratic society. As Thomas Jefferson said,' a little rebellion now and then is a good thing. It is a medicine necessary for the sound health of government'. But, distrust can only lead to chaos. If you cannot trust justice beyond your sex, community or religion, no system can work. Asking for a judge belonging to one sex, community or religion or asking for special courts for special groups, will only tend to disintegrate the system, and erode faith in lawfully constituted institutions. 6. On an anxious consideration of the facts, I find no reason to grant the prayers made. However, the Deputy Inspector General of Police, Southern Range, will enquire into the conduct of fifth respondent to ascertain whether his conduct was proper in the best traditions of public service, and take such action, as he considers necessary. Original petition is disposed of as above.