December 17, 2017

Bench said, it would not turn a blind eye to instances of harassment by the police under the guise of investigation.

Guidelines have been issued by the Madras HC has issued on how people should be summoned for interrogation in the criminal cases; in a bid to check harassment by the Police.

According to guidelines, the investigation officer is mandated to issue written summons under Criminal Procedure of Code S. 160 specifying the date & time when calling any person named in the complaint or witness to appear for inquiry.

“This Court, exercising its power under S. 482 CrPC normally wouldn’t interfere with the investigation conducted by a police officer,” said Justice M.S. Ramesh in the order.

“Nevertheless, it’d also not turn a blind eye to instances of harassment by Police, under the guise of investigation brought to its notice.”

The plea was filed by A. N. Lalman Lal & 4 others alleging police harassment under the guise of inquiry, it was heard by the High Court on Thursday.

While the Madras High Court acknowledged that the term ‘harassment’ itself has a ‘very wide meaning’, in order to circumvent the situations where it’s definition can be misconstrued, it issued guidelines.

Justice M.S. Ramesh said that officer is expected to record the minutes of inquiry in station diary & officer shouldn’t harass persons called for inquiry.

In his order, he also emphasized that while the magistrates do play a crucial role in the proceedings, it didn’t give them a licence to interfere in the investigation.

“Though Cr.P.C. empowers the Magistrate to be a guardian in all the stages of police investigation, there’s no power envisaging him to interfere with the actual investigation or the mode of investigation,” the Judge said.