The Allahabad High Court has declared that the act of torturing or harassing relatives of an accused by the police is a “colonial practice” that violates the right to life and personal liberty guaranteed under Article 21 of the Constitution of India. The court issued a stern warning to police authorities, restraining them from summoning the petitioners to the police station, detaining them, or threatening them on any pretext in connection with the First Information Report (FIR).
Case Background
The division bench, comprising Justice JJ Munir and Justice Tarun Saxena, was hearing a criminal writ petition filed by a woman alleging harassment by the Prayagraj police. The petitioner claimed that her son was accused of coaxing a girl to elope with him. To trace the couple, the police were summoning her and other family members to the police station, forcing them to sit throughout the day, and releasing them only in the evening.
Court’s Observations
The court observed that in contemporary times, rather than intimidating relatives, the police should employ scientific methods to trace the accused. It emphasized that such colonial-era practices have no place in a modern democracy governed by the rule of law. The court stated that harassing innocent family members not only violates their fundamental rights but also undermines the credibility of the police force.
Directions Issued
In its order dated May 8, the court directed the Deputy Commissioner of Police, Yamunapar, Prayagraj; the Station House Officer, Karchhana, Yamunapar; and the Prayagraj Police Commissionerate to file affidavits explaining under what circumstances the petitioners were being summoned on a daily basis. The court also warned that any further violation of its orders would be treated as contempt of court.
Legal Implications
This ruling reinforces the constitutional protection against arbitrary state action. Article 21, which guarantees the right to life and personal liberty, has been interpreted broadly by the judiciary to include the right to dignity and freedom from harassment. The judgment serves as a reminder to law enforcement agencies to adhere to legal procedures and respect human rights.
