Madras HC says Courts cannot turn blind eye to police harassment under guise of investigation

CHENNAI: The Madras High Court has made it clear that while courts normally do not interfere with police investigations, they cannot turn a blind eye to instances of harassment by police under the guise of investigation.

Justice GK Ilanthiraiyan observed that it was against this background that numerous petitions complaining of harassment were being filed before the Court, seeking directions to restrain police officials from harassing persons named in a complaint.

The Court further observed that it would normally not interfere with an investigation conducted by a police officer. But, it would not turn a blind eye to instances of harassment by the police under the guise of investigation when such conduct is brought to its notice.

While summoning any person named in the complaint or any witness to the incident complained of, the police officer shall summon such person through a written summons under Section 179 of the Bharatiya Nagarik Suraksha Sanhita, specifying a particular date and time for appearing before the officer for such inquiry/investigation. The minutes of the inquiry shall be recorded in the general diary/station diary/daily diary of the police station. The police officer shall refrain from harassing persons called for inquiry/investigation.

R Raja, based in Chennai, had filed a petition before the Madras High Court that the police had been harassing persons under the guise of an inquiry or investigation. The Court thereafter closed the petition.