Court Won’t Turn Blind Eye To Instances Of Harassment By Police Under Guise Of Investigation: Madras HC Issues Guidelines
The Madras High Court has issued guidelines for the police saying that it would not turn a blind eye to instances of harassment by police under the guise of investigation.
A Single Bench of Justice Sathi Kumar Sukumara Kurup held, “This Court, exercising its power under Section 482 of the Criminal Procedure Code normally would not interfere with the investigation conducted by a police officer. Nevertheless, it would also not turn a blind eye to instances of harassment by the police under the guise of investigation is brought to its notice. … In the present case in hand, the petitioner has complained of harassment by the police based on a complaint and seek for this Court's intervention by way of a direction.”
The Bench further observed that the term ‘harassment’ by itself has a very wide meaning and hence, what could be harassment to the petitioner may not be the same to the police officer.
Advocate M. Subash appeared on behalf of the petitioner while Government Advocate V.J. Priyadarsana appeared on behalf of the respondents.
In this case, a petition was filed seeking direction to the Inspector of Police not to harass the petitioner in connection with a case pending on the file of the police. The counsel for the petitioner submitted that the respondent police harassed the petitioner under the guise of enquiry and on the complaint given by the defacto complainant against the petitioner, petition enquiry was pending.
It was further submitted that notice under Section 41 A of Cr.P.C. was issued. It was the grievance of the petitioner that the respondent police was harassing her under the guise of an enquiry/investigation and hence, had invoked the inherent powers of the High Court under Section 482 of Cr.P.C.
The High Court after hearing the contentions of the counsel issued the following guidelines in order to circumvent such situations of harassment by police:
“a) While summoning any person named in the complaint or any witness to the incident complained of, the police officer shall summon such person through a written summon under Section 160 Cr.P.C., in case of witnesses and Section 41-A Cr.P.C., in case of complaints against any person (accused) specifying a particular date and time for appearing before him for such an enquiry/investigation.
b) The minutes of the enquiry shall be recorded in the general diary/station diary/daily diary of the police station.
c) The police officer shall refrain himself or herself from harassing persons called upon for enquiry/investigation.
d) The Petitioner shall co-operate with the pending investigation with the Respondent police.
e) The Respondent is directed not to summon the Petitioner at odd hours.
f) The guidelines stipulated for preliminary enquiry or registration of FIR by the Hon'ble Supreme Court in Lalita Kumari Vs. Government of Uttar Pradesh and others [2014 (2) SCC (1)] shall be strictly adhered to.”
Accordingly, with the above directions, the Court disposed of the plea.
Cause Title- Rajini v. The Superintendent of Police & Anr.
