Published on: 15 November, 2025 16:41 IST
The issue of whether police should be permitted to make arrests within court premises has come before the Supreme Court, following an interim order by the Kerala High Court that outlined strict guidelines for such arrests. The Kerala Police Officers’ Association (KPOA) challenged this order, raising concerns that it might allow individuals to evade arrest by seeking refuge in court premises, potentially hampering police investigations.
On this issue Kerala High Court issued Guidelines
The Kerala High Court’s interim order, issued on August 19, 2025, restricts police from arresting anyone in court premises during working hours unless prior intimation is given to the presiding officer of the relevant jurisdictional court. The term “court premises” as defined by the order encompasses not only the courtroom itself but also surrounding buildings and land tied to adjudication, excluding judges’ residential quarters. Exceptions allow police to act without prior permission only in emergencies, such as preventing imminent cognizable offences or apprehending absconders with pending warrants.
What Police submitted Objections
The KPOA argued that these guidelines conflict with the Bharatiya Nyaya Suraksha Samhita (BNSS) and the Kerala Police Act, 2011, both of which empower police to make arrests anywhere in India without spatial restrictions. The association asserted that court premises should only include locations functionally tied to judicial work, urging the Supreme Court to reconsider the High Court’s broad definition and its impact on investigations. Additionally, the police stated that executing court warrants necessitates cooperation from owners and unrestricted entry to any premises, as per statute.
Judicial Response and Broader Context
The Supreme Court bench led by Justices Suryakant and Joymala Bagchi took note of growing friction between police and lawyers over the issue, referencing frequent disruptions caused by prior clashes that led to strikes within the legal profession. The bench indicated its intent to utilize the Kerala case to address wider concerns about the relationship between police and legal practitioners and to ensure that both sides’ interests are balanced.
As part of the Kerala High Court’s framework, a two-tier grievance redressal mechanism was established, involving senior police officials and legal representatives to mediate disputes. The Supreme Court has now issued notices to both the Kerala government and the state’s High Court Bar Association, seeking their responses before making a final decision on whether such judicial guidelines amount to overreach into legislative territory.