On a day when City Police Commissioner S George notified the order asking house owners to submit details of tenants to their respective police stations, legal experts on Thursday wondered whether it was tenable. They had five major issues with the order.
One, the police commissioner invoked his magisterial powers to issue the direction under Section 144 of the Criminal Procedure Code — a section better known for issuing prohibitory orders during emergency situations. Legal experts say the settled principal is that Section 144 can be invoked mainly to issue an order restricting certain actions, not to make a mandatory order directing a particular act.
“The powers of the police commissioner under Section 144 are limited and questionable. The intention of the police in collecting tenant information may be genuine. But the laws do not support it. Unless the State government passes a specific Act to realise the needs of policing, this order will not hold good,” asserts senior advocate A Natarajan.
Second objection: an order under Section 144 becomes void after 60 days and can be extended by six months by the State government. In other words, it can be in force only for a maximum of eight months. No order can be issued in perpetuity to give it a permanent nature as courts have on multiple occasions specifically barred it.
“The order of the police is valid only for 60 days. Last time when the police issued such orders, the Madras High Court stayed it,” says advocate and activist Sudha Ramalingam.
The third objection is on “collection of tenant information on such a scale, as it infringes on privacy. It discriminates against those living in rented houses,” adds Sudha Ramalingam.
Fourth problem: tenancy is a civil issue and should be kept out of the ambit of the police. “What the government must do is to enforce the TN Buildings (Lease and Rent Control) Act, which has almost become a forgotten legislation. Under this Act, a rent controller must be appointed. Only on registering with him would tenancy come into force. If this Act is properly implemented, tenant information will be available with the government. This will also avoid bring police into the picture and turning our cities into a police State,” says advocate K Elangovan.
Finally, the police say action will be taken against house owners under IPC Section 188 if they fail to give tenant information. But according to experts, the settled legal principle is that mere disobedience is not punishable, unless it causes or tends to cause harm.
However, former DGP R Nataraj justifies the order. “This is good for the safety and security of the city. Every citizen has a responsibility towards ensuring safety. Police in most other Indian cities are collecting such information,” he reasons.
Details can be sent by post
City Police Commissioner S George’s order on tenants said it will be in force for 60 days starting December 5. While an earlier order said the filled-up forms on tenants must be submitted by house owners only in person, Thursday’s statement said house owners can either post/courier or sent the filled forms through a messenger.