Madras HC issues guidelines to check police harassment during inquest

CHENNAI: Inquiry into an offence is an unfettered power of the investigation officer, only so long as such powers are legitimately exercised within the frame work of

CrPC

. Courts would not turn a blind eye to instances of harassment by police under the guise of investigation, Madras high court has said.

Justice MS Ramesh

also issued guidelines to be followed by such investigation officers to curb harassment by police during such probes.

"Though the CrPC empowers magistrate to be a guardian in all the stages of the police investigation, there is no power envisaging him to interfere with the actual investigation or the mode of investigation. It is in this background that numerous petitions complaining of harassment are being reported and filed before this court seeking for directions to refrain the police officials from harassing the persons named in a complaint. This court, exercising its power under section 482 of the CrPC normally would not interfere with the investigation conducted by a police officer. Nevertheless, it would also not turn a blind eye to instances of harassment by the police under the guise of investigation is brought to its notice,"

Justice Ramesh

said.

The court made the observations on a plea moved by

AN Lalman Lal

and four others alleging police harassment under the guise of enquiry.

Allowing the petition the judge passed guidelines to be followed by the officers during such investigation. According to the directives, the investigation officer is mandated to issue a written summon under section 160 CrPC specifying a particular date and time for appearing before them for such an enquiry/investigation.

This apart, the guidelines mandates the officer to record the minutes of the enquiry in the general diary/station diary/daily diary of the police station and refrain themselve from harassing persons called upon for enquiry.