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SHRC holds final hearing in multiple police atrocity cases, reserves orders

SHRC holds final hearing in multiple police atrocity cases, reserves orders

TIRUNELVELI: State Human Rights Commission (SHRC) member V Kannadasan on Friday conducted the final hearing on multiple cases of alleged police atrocities, including the sexual harassment of a woman from Kanniyakumari, the custodial torture of a Thoothukudi man who later died, and the custodial violence against a man from Erwadi in Tirunelveli. The orders in these cases have been reserved.
In a case relating to the alleged custodial torture of one Selvakumar at the Erwadi police station, Kannadasan criticised sub-inspector V Immanuel and constable L Muthukumar for being unaware of CCTV camera footage retention norms. Immanuel, who had suggested the existence of surveillance footage during cross-examination, said the same was unavailable during the final hearing. The police personnel said they had been instructed, after the Sathankulam custodial deaths, to maintain surveillance footage for six months. However, Kannadasan pointed out that the rulings of the Supreme Court and High Court, along with a directive from the Tamil Nadu Director General of Police, mandate that the footage be stored for 12 to 18 months. Selvakumar's counsel accused the police personnel of filing a false case and alleged that the SI and the constable had assaulted the victim for approaching the High Court to secure bail.

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Police can't barge into houses of history-sheeters under guise of surveillance: Kerala High Court
Police can't barge into houses of history-sheeters under guise of surveillance: Kerala High Court

The Hindu

time4 hours ago

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Police can't barge into houses of history-sheeters under guise of surveillance: Kerala High Court

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 houses 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 house 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.

Cops Can't Barge Into History Sheeters' Homes For 'Surveillance': Court
Cops Can't Barge Into History Sheeters' Homes For 'Surveillance': Court

NDTV

time5 hours ago

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Cops Can't Barge Into History Sheeters' Homes For 'Surveillance': Court

Kochi: 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.

Kerala High Court bars police from barging into history sheeters' home under guise of surveillance
Kerala High Court bars police from barging into history sheeters' home under guise of surveillance

Mint

time6 hours ago

  • Mint

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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