North India Statesman
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News India Live, Digital Desk: High Court’s Brake on Police’s Arbitrariness: The Kerala High Court has given a very big and important verdict regarding the powers of the police and the rights of the common citizen. The court made it clear that now the police cannot raid anyone’s house whenever they want, especially in the dark of night. This is a serious violation of a person’s right to privacy.
What is the decision of the court?
The bench of Justice Devan Ramachandran said that every person’s house is his fort, where he feels the most safe. Night time is of comfort and peace, and entering someone’s house at this time is a great interference in his privacy.
The court clarified that the police should avoid searching or raiding someone’s house at night. If it is very important to do so in an extraordinary situation, then the police will have to give very concrete and strong reasons for this. These reasons will have to be recorded in writing before the raid, not after the raid. On the basis of suspicion, someone’s night sleep and peace cannot be disturbed.
On which matter came this decision?
The decision came during the hearing of a case in which the police raided the house of a person on the night in suspicion that he had an illicit relationship with the wife of a police officer. The petitioner had approached the court, calling it an attack on his privacy and respect. The court not only misunderstood this police action, but also canceled the FIR lodged against the person.
What does this decision mean?
This decision simply means that the police cannot use their powers arbitrarily. This decision reminds the police its responsibilities and at the same time assure the common citizens that the judiciary is alert to protect their fundamental rights. This is a big step towards strengthening the rule of law.
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