The court establishes the procedural rights of individuals under investigation to avoid harassment by law enforcement.

JUDGMENT

The relief sought for in this writ petition are as follows:

“i. Issue writ of mandamus or any other appropriate writ order or direction, directing or compelling the 1st respondent to conduct an enquiry into these allegations and to submit a report before this Hon’ble Court.

ii. Issue a writ of mandamus or any other appropriate writ order or direction directing or compelling the 3rd or the 4th respondent or any officers acting under them not to harass and summon the petitioner or the members of her family with respect to Crime No. 566/24 of the Kuthiathodu Police Station, now transferred to the Crime Branch.

iii. Issue a writ of prohibition restraining or forbearing the 3rd respondent or any officer acting under him from summoning the petitioner or the members of the family to the police station with respect to the death of the petitioner’s brother Sri. Arun.”

2. Petitioner's elder brother allegedly committed suicide on

18.05.2024, and a crime was registered for unnatural death. After conducting an investigation, the police filed a final report, closing the case. However, subsequently re-investigation has been ordered, and the case has been handed over to the Crime Branch. In the meantime, the petitioner alleged that he is being unnecessarily summoned to the police station under the guise of investigation and is being harassed.

3. At the time of admission, this Court issued a direction not to summon the petitioner without complying with the requirement of notice under Section 35 of BNSS , 2023.

4. I have heard Sri.Ramesh Chander, learned Senior Counsel instructed by Sri.Balu Tom, learned Counsel appearing for the petitioner, and the learned Government Pleader.

5. According to the learned Government Pleader, the investigation is ongoing regarding the death of the petitioner's brother, and that petitioner must participate in the investigation. It was, however, submitted that petitioner will not be harassed under any circumstances and that notices will be issued as and when his presence is required.

6. Having regard to the above submissions, I am of the view that the writ petition can be disposed of.

Accordingly, there will be a direction to the 4th respondent not to harass the petitioner. If in case the petitioner's presence is required for any investigation or enquiry, appropriate notices under Section 35 of BNSS shall be issued. If such notice is issued, the petitioner shall cooperate with the investigation without default.

The writ petition is disposed of as above.

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