In a significant judgement, the Andhra Pradesh high court on Friday ruled that the police cannot brand any person as rowdy, summon any person to the police station and visit any house for surveillance or gathering of information.
A high court bench headed by Justice D V S S Somayajulu delivered the judgement, acting on a batch of petitions filed by several persons questioning the opening and continuation of rowdy sheets against them by the state police.
Justice Somajayulu said the police cannot carry out intrusive or obtrusive surveillance, open rowdy sheets to brand persons as “rowdies” and collect or display their photos, as it amounts to a "direct infringement of the right to privacy.”
The bench held that the Police Standing Orders do not qualify as "law" within the meaning of Article 21 and without the sanction of law, the police cannot collect the personal information of persons and conduct home visits.
“Henceforth, with the existing Police Standing Orders, the police cannot do the same,” the bench said.
Stating that privacy has been declared to be a fundamental right under Article 21 of the Constitution and that the said right can be restricted only in accordance with "law,” the bench directed that the police close all the rowdy sheets filed against the petitioners.
The court accepted the petitioners' argument that the Police Standing Orders are mere departmental instructions without any statutory backing and hence cannot be called "law."
The judge said hereafter, the police cannot open or continue a rowdy sheet or collect data pertaining to a person without the sanction of "law.” The accused or suspects cannot be summoned or called to the police station or anywhere else either during festivals or elections or weekends etc.
“They cannot be made to wait at the police stations for any reason or seek permission to leave the local jurisdiction,” he said.
However, the judge also recognised the compelling state interest in keeping a check on habitual offenders to prevent crime. However, surveillance cannot be done without the sanction of law. Therefore, he recommended to the government that it should frame the law to collect intelligence to prevent crimes.
"The state government should either frame statutory rules or enact a law within short time on these issues of surveillance etc., since there is a need for gathering information and intelligence to prevent crime. This should be done on a high priority,” the high court bench observed.
