HC pulls up TN police, issues guidelines to check harassment

The Madras High Court has issued guidelines to check harassment by police during investigation, saying it would not turn a blind eye to such conduct.
Justice M S Ramesh said the power of an investigating officer to probe was unfettered only as long as such power was legitimately exercised within the framework of the Criminal Procedure Code.
Hearing a plea yesterday by A N Lalman Lal and four others alleging police harassment under the guise of inquiry, the judge said normally the court would not interfere with the probe by a police officer by exercising its inherent powers under CrPC.

Nevertheless, when brought to its notice, it would also not turn a blind eye to instances of harassment by police under the guise of investigation, Justice Ramesh said.
Allowing the petition, the judge issued guidelines to be followed by investigating officers to curb harassment during such probes.
According to the guidelines, the investigation officer is mandated to issue a written summons under CrPC section 160 specifying date and time to appear for inquiry.

Also, the officer is to record the minutes of the inquiry in the station diary and refrain from harassing persons called upon for inquiry.
"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," the judge said.

It is in this background that numerous petitions of harassment were before this court seeking directions to police to refrain from harassing them, the judge said.