Police have no right to knock on a history-sheeter's doors at odd hours: Kerala HC
It further stated that the right to life under Article 21 encompasses the right to live with dignity, and dignity is non-negotiable.
Justice V G Arun issued the ruling while allowing a petition filed by C Prasath of Mundamveli in Kochi, seeking to quash a case alleging that he obstructed police officers from Thoppumpady police station from discharging their duty. According to police, they knocked on the petitioner's door at 1.30am on April 3 as part of a night check on rowdy history sheeters.
Prasath allegedly refused to open the door and also abused and intimidated police.
The petitioner, however, stated that he is not a history sheeter and, even otherwise, police have no authority to conduct night-time domicile visits. He also highlighted a history of police harassment, including a false Pocso case in which he was acquitted, and an earlier petition filed against police officers that led to an ongoing inquiry by the home department.
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He contended that the present case was a retaliatory move to derail that inquiry.
The public prosecutor submitted that the petitioner's name appears in the rowdy history sheet maintained by Thoppumpady police and that his refusal to step out and his alleged intimidation constituted an offence.
However, the court noted that the Police Manual only permits 'informal watching' or 'close watch' of history sheeters — neither of which includes knocking on doors at night. Quashing the case against the petitioner, HC emphasised that knocking on the door of a history sheeter at midnight and demanding that he step out of his house cannot, by any stretch of the imagination, be considered a lawful directive.
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