Police authorities cannot summon or detain individuals without a lawful basis or procedure established by law, as coercive or informal detention violates the fundamental right to personal liberty guaranteed under Article 21 of the Constitution of India.

ORDER:

This Writ Petition is filed with the following relief:

“…to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the respondents 2 to 4 in harassing the petitioner by calling him to the Police Station with a view to detain him in the Police Station from Morning to Evening at the behest of the local Political Leaders of Party in the Power to cause damage to his reputation in the society as illegal, arbitrary and violative of Article 21 of the Constitution of India and consequently direct the respondents not to harass the petitioner by calling him to the police station frequently............”

2. Heard Mr.A.Prabhakar Rao, learned counsel for the petitioner and Mr.D.Pradeep, learned Assistant Government Pleader for Home.

3. Learned counsel for the petitioner submits that the present writ petition is filed challenging the action of respondent Nos. 2 to 4 in repeatedly summoning the petitioner to the police station and compelling him to remain there from morning till evening, allegedly at the instance of local political leaders. It is contended that such conduct is arbitrary, lacks lawful authority, and amounts to a direct infringement of the petitioner’s fundamental rights guaranteed under Article 21 of the Constitution of India, which encompasses the right to life, personal liberty, and dignity. Accordingly, the petitioner seeks appropriate directions from this Court.

4. Per contra, the learned Assistant Government Pleader for Home submits that the allegations regarding unlawful summoning and detention of the petitioner are unfounded and unsupported by any cogent or substantive material. It is asserted that the police authorities are discharging their duties strictly within the framework of law. In the absence of any tenable evidence substantiating the petitioner’s claims, it is prayed that the writ petition be dismissed.

5. I have perused the material available on record.

6. The principal grievance of the petitioner is that respondent Nos. 2 to 4, allegedly acting under the influence of local political elements, have been summoning him to the police station and detaining him there for prolonged periods during the day without lawful justification.

7. Having regard to the averments made in the affidavit, the counter submissions of the respondent police authorities, and the well-settled legal limitations governing police powers, it is imperative to reiterate that no individual can be summoned or detained by the police except in accordance with procedure established by law. The power of the police to require the presence of a person must be exercised strictly within the confines of statutory provisions, and any form of informal or coercive detention is impermissible.

8. In view of the above, respondent Nos. 2 to 4 are directed not to summon the petitioner to the police station or require his presence therein without any lawful basis. They shall also not detain or cause the petitioner to remain in the police station for any duration except in accordance with due process of law. Further, the respondents shall not interfere with the petitioner’s personal liberty and private life, save and except in strict compliance with legal procedure and established norms.

9. With this direction, this writ petition is disposed of. There shall be no order as to costs.

Miscellaneous Petitions, pending if any, shall stand closed.