HYDERABAD: The Telangana High Court has criticised the state Home department for filing what it termed an “incomplete and sketchy” counter-affidavit in a writ petition challenging the authority of police officers to issue and execute search warrants.
A Bench of Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin was hearing the matter, which raises questions over the legality of police officers, particularly those of Assistant Commissioner rank, exercising powers traditionally vested in judicial magistrates.
The petitioner, Vijay Gopal, appearing in person, argued that police officials were invoking Section 93 of the Code of Criminal Procedure, 1973, read with Section 47 of the Hyderabad City Police Act, to conduct “cordon and search” operations. He alleged that, under the guise of tracking extremists, illegal migrants or criminal suspects, police personnel enter homes, often late at night, and seek Aadhaar cards and other identity documents.
He contended that such actions amounted to police officers assuming the role of first-class judicial magistrates, infringing powers reserved for the judiciary, and resulting in violations of personal liberty and harassment of certain sections.
During the hearing on December 31, the bench noted that the state’s counter-affidavit was only three pages long and unsupported by documents. It observed that such pleadings had become routine and left the court without sufficient material to decide serious constitutional issues. The judges also pointed out that the state had failed to clearly establish the statutory basis, under either the CrPC or the Bharatiya Nagarik Suraksha Sanhita, 2023, for authorising the questioned search and entry operations.
While noting the responsibilities of the police in maintaining public order, the court said issues concerning police powers and personal liberty required a detailed and well-supported response from the state.
The bench granted the state two weeks to file a comprehensive affidavit and adjourned the matter for further hearing thereafter.