The High Court in Kerala decided that the police had no right to knock on the door of suspects or historical leaves or a “boat” to their homes at night under the guise of supervision. The decision of the justice VG ARUn came to a request from a man accused of threatening police officers in fulfilling their duties when they asked him to come out of his home late at night as part of a night control of noisy history.
The court, which allowed the action, canceled the company against men and all other proceedings in connection with him and said that “under the guise of the police supervision cannot knock on the door or boat in houses with historical legs”. The court said police officers should understand that the concept of home “exceeds his physical manifestation as a dwelling and includes a rich tapestry of existential, emotional and social dimensions”.
“In other words, every person’s house is his castle or temple whose sacredness cannot be reversed by knocking on the door in odd hours. The right of man to life involves the right to live with dignity,” he said.
The court further stated that only “informal monitoring” of historical legs and “nearby watches” was allowed within the Keral police manual. “Undoubtedly, none of these expressions will allow visitors available at night,” he added.
It also stressed that, according to Section 39 of the Keral Police Act, all persons are obliged to observe the “legal instructions” of the police officers to release his functions. “Tapping on the history of Sheeeter at midnight and requesting him to come out of the house cannot be marked by any section of imagination as a legal direction,” the court said.
As a result, the petitioner cannot be prosecuted for the crime of threatening the police officer to prevent him from fulfilling his duties under the police law for refusing to comply at night to leave the house, the court added.
“If, as stated, the petitioner used a derogatory language or threatened the police during such a rejection, his actions may invite a further crime, but certainly not a crime for which he is currently accused,” he said.
The petitioner claimed that he was involved in the case to divert the investigation ordered by the High Court into his complaint, claiming to be police harassment. Police claimed that, as part of their night inspection obligations on night historians, officers assured whether the petitioner was at home. But when he was asked to open the door of his home, he refused to do so and also abused and intimidated the officer, he said.
(Tagstotranslate) High Court of Kerala
