Police have framed guidelines for raids on hotels: HC told

The Mumbai Police chief has framed certain guidelines to be observed by the police force while conducting raids in hotels to ensure that the right of individuals to privacy should not be invaded, the Bombay High Court was told today.
The police raids have to be carried out only with the approval of Zonal Deputy Commissioners of Police, said an affidavit filed by Public Prosecutor J P Yagnik before a bench headed by Justice Abhay Oka.
The bench was hearing a PIL challenging the controversial police raids on hotels in suburban Malwani last year that had led to accusations of moral policing.

The petition was filed by Khar resident Sumeer Sabharwal who termed the raids as "illegal, intrusive and unconstitutional" and sought action against police officials involved in the case.
The affidavit was filed in response to an HC order issued on March 10 this year, in which the authorities were directed to frame guidelines for conducting raids on hotels. The bench took the affidavit on record.
"The guidelines strictly provide that police have to ensure that no person is deprived of his right to life or personal liberty, except in procedure established by law (Article 21 of the Constitution as Right to Privacy is part of article 21)," said the affidavit.

The guidelines further provide that questioning of a woman has to be done by a female officer only or by a male officer in the presence of a female officer. Police have to first go through the identification documents submitted by the guests who have checked into the hotel which is raided.

"The policemen, while conducting raids, should wear their
badge with their names and rank so that people know who they are. The policemen should show identity cards on demand," say the guidelines.
The petitioner's lawyer, however, objected to the guidelines saying that they were violative of the right to privacy of individuals enshrined under Article 21 of the Constitution.

The bench, while adjourning the matter to June 29, asked the petitioner to suggest measures that could be included by the police in the guidelines.
The judges also observed that if the police are tipped off about some indecent or illegal activity going on in a hotel, they would have to conduct a raid there to find out what was happening. However, they would have to ensure that the right to privacy of people was not violated.
The high court had earlier said that while there was a "laudable intention" behind the recent police raids on hotels in suburban Malwani following complaints of a prostitution racket operating there, innocent persons cannot be harassed and their privacy should not be invaded.

Justifying the raids, the police had pleaded that they had received complaints from local MLAs and residents that hotels in the area were being used to run prostitution racket.