Chennai, Dec 15 (PTI) The Madras High Court has issuedguidelines 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 investigatingofficer to probe was unfettered only as long as such powerwas legitimately exercised within the framework of theCriminal Procedure Code.
Hearing a plea yesterday by A N Lalman Lal and fourothers alleging police harassment under the guise of inquiry,the judge said normally the court would not interfere with theprobe by a police officer by exercising its inherent powersunder CrPC.
Nevertheless, when brought to its notice, it wouldalso not turn a blind eye to instances of harassment by policeunder the guise of investigation, Justice Ramesh said.
Allowing the petition, the judge issued guidelines tobe followed by investigating officers to curb harassmentduring such probes.
According to the guidelines, the investigation officeris mandated to issue a written summons under CrPC section 160specifying date and time to appear for inquiry.
Also, the officer is to record the minutes of theinquiry in the station diary and refrain from harassingpersons called upon for inquiry.
"Though the CrPC empowers magistrate to be a guardianin all the stages of the police investigation, there is nopower envisaging him to interfere with the actualinvestigation or the mode of investigation," the judge said.
It is in this background that numerous petitions ofharassment were before this court seeking directions to policeto refrain from harassing them, the judge said. PTI COR VGN BNRT.
This is unedited, unformatted feed from the Press Trust of India wire.