'Officials, not masters; human touch needed in crucial decisions', says High Court

KOCHI: The High Court highlighted the need for ‘human touch’ in all crucial decisions or else warned of the collapse of governance.

“Files are not just paper. They are life. Every file has a face; government officials are servants of democracy, not masters,” - the court clarified.

Justice P.V. Kunhikrishnan's observation was made in the verdict of the revision petition in the case registered for creating a ruckus in the Kollam tahsildar's office and obstructing the execution of duties by seizing a file. The court, which acquitted the accused, Manilal (56), a native of Pattathanam, Kollam, pointed out that the incident could have been avoided if the officials had behaved sympathetically.

The incident related to the case took place in 2020. Manilal's 76-year-old father-in-law had applied for the mutation of a three-cent land plot. The tahsildar did not allow it, citing various technical reasons. After a year and a half, he was summoned to the taluk office for an adalat. Manilal also went with him to help his father-in-law. The tahsildar delayed the hearing, citing Manilal’s presence in the room and demanded that he leave the room.

In the complaint, it says that Manilal, enraged by the developments, created a ruckus, grabbed the file from the clerk, threw it on the table, and knocked the chair to the ground. The Kollam East Police filed a chargesheet under sections 294(B) and 353 of the IPC for obscene language, assault, and obstruction of duty.

The Kollam Judicial First Class Magistrate Court, which dropped the charge under Section 294(B) against the petitioner, also ordered him to face trial for obstruction of duty. The revision petition was filed against this. The High Court, which held that the charge under Section 353 did not exist since there was no physical assault, use of force or restraint, quashed the Magistrate Court order. The High Court also held that the petitioner, a bank manager, should have avoided the ruckus at the government office.

Humanity and empathy are the bridge between the government and the people. Behind every decision, there are hopes, anxieties or dreams. Those who come to government offices will react in different ways. Patience should be the emotion that guides bureaucracy. The court also clarified that the success of democracy is not only the rule of elected representatives but also how officials support it.