Andhra Pradesh high court pulls up police for violating norms in arrests and summons
Vijayawada: Police are often violating norms while arresting the accused and summoning witnesses, the high court observed, while warning that it will not be a mute spectator if police continue to stifle
personal liberty
and freedom of individuals.
If police are not taken to task, this kind of incidents will continue to recur, noted the bench comprising Justices R Raghunandan Rao and K Manmadha Rao during the hearing of a
habeas corpus petition
. One Meka Venkatarami Reddy had moved the HC contending that his relative, retired police officer T Balasubrahmanya Reddy, was abducted by unknown persons. He sought directions to the police to produce him before the court.
The HC earlier asked Balasubrahmanya Reddy to appear before it after the prosecution said he was summoned by the special investigation team (SIT) probing the alleged liquor scam. On Monday, Balasubrahmanya appeared before the high court and stated that police came to his house to issue notices to his son, Eswar Kiran Kumar Reddy. He further said that police took him to Vijayawada after he told them that his son was not staying with him. He also mentioned that a DSP rank officer abused him during the questioning.
Taking a serious note of his submissions, the bench asked the prosecution under which section he was summoned. The bench also questioned how a father could be taken into custody if the son is not available. "When section 179 of BNS categorically prescribes that persons above the age of 60 and those suffering from health issues should not be summoned, how can the police ask Balasubrahmanya to appear before them in Vijayawada?" the bench asked, and directed the ASP of SIT to give a written explanation for the violations committed.
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The court further directed the SIT not to summon Balasubrahmanya again. Even if his statement is required, only the investigation officer should visit his home for recording the statement according to law, and no other police officer should go to his house, the high court said.
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