LUCKNOW: The Lucknow bench of the Allahabad high court has directed UP Police not to call any person to the police station unless a case is registered against the person concerned.
The court has also directed the state and its instrumentalities that in case any application or complaint is given at any police station which requires investigation and presence of the accused then a written notice would be served upon such a person, but only after registering a case.
The bench said, “In case there is no investigating officer at that juncture, subordinate police officials are required to take permission/approval of the station in-charge before issuing such notice or summons. On no account can an accused or any other person be summoned to a police station orally by subordinate police officials without the consent/approval of the station in-charge.”
A bench of Justice Arvind Kumar Mishra Ist and Justice Manish Mathur passed the order on a Habeas Corpus plea raised through a letter petition moved by the petitioner Sarojni.
Sarojni had written the letter to the HC, which was treated as petition, alleging that in a land dispute with her brother and sister-in-law, the police had called and detained her father and mother at Mahila Thana in Hazratganj, Lucknow. The SHO too admitted that a constable had called them for inquiry but later let them go.
The bench, however, deprecated the practice of police calling a person at the police station without any case against him and without permission of the SHO concerned and hence expected action against the guilty who had directed presence of the petitioner at the police station.
“The action taken by police personnel in the present case indicates clear flouting of the right guaranteed to the petitioners under Articles 14, 19, 21 and 22 of the Constitution since oral summoning of the petitioners and their subsequent detention in police station has been resorted to without even lodging of first information report,” observed the bench .
The court directed the state agencies to honour the fundamental right of life and liberty of people.
