Police can't barge homes of history sheeters at night citing surveillance: Kerala HC

The Kerala High Court has ruled that police officers are not entitled to knock on the doors of suspects or individuals with criminal history, nor can they forcibly enter their homes at night under the pretext of surveillance.

Justice V G Arun delivered the verdict while considering a petition filed by a man who was booked for allegedly threatening police personnel when they directed him to step out of his house during a late-night inspection targeting known offenders.

The court allowed the petition and annulled the FIR and all related proceedings, observing that "under the guise of surveillance, the police cannot knock on the doors or barge into the houses of history sheeters".

Emphasising the inviolability of personal space, the court remarked that a house is not merely a physical structure but holds deep personal and social significance. "In other words, every man's house is his castle or temple, the sanctity of which cannot be violated by knocking on the door at odd hours. A person's right to life encompasses the right to live with dignity, and dignity is non-negotiable," the court stated.

Justice Arun further referred to the Kerala Police Manual, stating that it only authorises 'informal watching' of known offenders and 'close watch' of individuals involved in continued criminal activity. "Undoubtedly, neither of those expressions permit domicile visits at night," the court clarified.

It also highlighted that, as per Section 39 of the Kerala Police Act, individuals are expected to comply with 'lawful directions' issued by police personnel in the execution of their duties. "Knocking on the doors of a history sheeter at midnight and demanding him to come out of the house cannot by any stretch of imagination be termed as a lawful direction," the court added.

Therefore, the court held that the petitioner could not be prosecuted under the Kerala Police Act for preventing a police officer from performing his duty simply for not stepping out of his house during the night. "If, as alleged, the petitioner had used derogatory language or threatened the police during the course of such refusal, his action may invite some other offence, but definitely not the offence he is presently charged with," it noted.

According to the petitioner, the case was fabricated to derail an inquiry ordered by the High Court into his complaint of police harassment. The police, on the other hand, maintained that they had approached the petitioner's residence during a nighttime check to verify his presence. They alleged that when he was asked to open the door, he refused and verbally abused and threatened the officers.
(With PTI Inputs)