Kerala High Court bars police from barging into history sheeters' home under guise of surveillance
The Kerala High Court has held that the police have no right to knock on the doors of suspected persons or history sheeters or "barge" into their homes at night under the guise of surveillance. The ruling by Justice V G Arun came on a plea by a man accused of threatening police officers from discharging their duties when they asked him to come out of his home late at night as part of night check on rowdy history sheeters.
Allowing the plea, the court quashed the FIR against the man and all further proceedings in connection with it, saying that "under the guise of surveillance, the police cannot knock on the doors or barge into the houses of history sheeters". The court said that police officers should understand that the concept of home "transcends its physical manifestation as a dwelling and encompasses a rich tapestry of existential, emotional and social dimensions".
"In other words, every man's house is his castle or temple, the sanctity of which cannot be vilified by knocking on the door at odd hours. A person's right to life encompasses the right to live with dignity and dignity is non-negotiable," it said.
The court further said that under the Kerala Police Manual only 'informal watching' of history sheeters and 'close watch' over those leading criminal existence were permitted. "Undoubtedly, neither of those expressions permit domicile visits at night," it added.
It also pointed out that under section 39 of the Kerala Police Act all persons are bound to comply with the 'lawful directions' of a police officer for discharge of his functions. "Knocking on the doors of a history sheeter at midnight and demanding him to come out of the house cannot by any stretch of imagination be termed as a lawful direction," the court said.
Consequently, the petitioner cannot be prosecuted for the offence of threatening a police officer to obstruct him from discharging his duties under the Kerala Police Act for refusing to abide by the direction to come out of the house at night, the court added.
"If, as alleged, the petitioner had used derogatory language or threatened the police during the course of such refusal, his action may invite some other offence, but definitely not the offence he is presently charged with," it said.
The petitioner had claimed that he was implicated in the case to divert the enquiry ordered by the High Court into his complaint alleging police harassment. The police had claimed that as part of their night check duty on rowdy history sheeters, officers had gone to ascertain if the petitioner was at home. However, when he was asked to open the door of his home, he refused to do so and also abused and intimidated the officer, it had alleged.
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