Police Torturing Relatives Of Accused Is A 'Colonial Practice', Violates Article 21: Allahabad High Court

The Allahabad High Court has observed that the Police's act of torturing or harassing the relatives of an accused is a 'colonial practice' which is violative of the right to life and personal liberty guaranteed under Article 21 of the Constitution of India.

A bench of Justice JJ Munir and Justice Tarun Saxena added that in contemporary times, the police have scientific methods to locate the accused and bring him to justice, rather than intimidating his relatives.

The division bench made these observations while hearing a criminal petition filed by a couple (Munita Devi and others) alleging relentless harassment by the Prayagraj Police. 

The harassment is allegedly on account of an FIR against their son, who has been accused of taking away a girl (informant's daughter) by blandishment. 

The bench was informed that, to trace the eloped couple, the Police summon the petitioners to the police station on a daily basis, make them sit throughout the day and they are allowed to leave only in the evening. The petitioners also claimed that the policemen were seeking illegal gratification.

Taking strong exception to this, the division bench directed the Deputy Commissioner of Police, Yamunapar, Prayagraj and the Station House Officer, Karchhana, Yamuna Nagar, (Commissionerate Prayagraj) to file their own affidavits, explaining under what circumstances the petitioners are being summoned on a daily basis. The bench has also sought to know if the petitioners are wanted.

The Court also impleaded the Commissioner of Police, Prayagraj and the Deputy Commissioner of Police, Yamunpar, Prayagraj, as party respondents in the plea. 

In the meantime, the Court restrained the respondents from summoning the petitioners to the police station or detaining them or threatening them on any pretext in connection with the impugned FIR.