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2026 Supreme(Online)(Tel) 19230
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N.Tukaramji, J
Anees Begum – Appellant
Versus
State of Telangana – Respondent
WRIT PETITION No.3233 OF 2019
For the Appellants/Petitioners:
For the Respondents: D.Pradeep
Police authorities are prohibited from interfering with the life and liberty of individuals unless such actions are carried out in strict accordance with the law and by following due process.
Headnote:This matter involves a petition filed under Art. 226 of the Constitution of India, alleging that police authorities used their official powers to harass the petitioners by conducting raids at their residential house and summoning them to offices without written notice or show-cause, which was claimed to be a violation of Art. 14, 21, and 22(2) of the Constitution. The respondents contended that these allegations were unfounded and unsupported by material on record. The court examined the assertion made on affidavit regarding interference with rights. The court observed that police authorities must operate within the limitations imposed even during criminal proceedings, emphasizing that any action affecting life and liberty must be in strict accordance with law and due process. With the direction to respondent-police authorities to refrain from interfering with the life and liberty of the petitioners and their family members, save and except in strict accordance with law and upon following due process, this Writ Petition is disposed of.
| Table of Content |
|---|
| 1. petition for mandamus against alleged arbitrary police harassment and violation of constitutional rights. (Para 1) |
| 2. respondents' denial of harassment allegations and request for dismissal. (Para 2 , 3 , 4) |
| 3. police interference with liberty must strictly follow due process of law. (Para 5 , 6) |
| 4. disposal of writ petition with specific directions to authorities. (Para 7) |
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief:
“…to issue a Writ, Order or direction more particularly in nature of writ of Mandamus declaring the action of the respondents herein particularly respondent No.3 and 4 using their official powers to harass petitioner No.1, No.2 and her sons by conducting raids at our residential house, by calling us to their office at Purni Haveli and Basheerbagh, Hyderabad without issuing notice in writing, without informing show-cause, as illegal, arbitrary, violation of Article 14 and 21 and 22(2) of the Indian Constitution. In consequence direct the respondent department to act in accordance with law, not to harass, torture petitioner No.1 and her daughter in law and her sons and pass....”
2. None appeared for the petitioners.
3. Heard Mr.D.Pradeep, learned Assistant Government Pleader for Home.
4. Learned Assistant Government Pleader for Home submits that the allegations levelled against respondent Nos. 3 and 4 are unfounded and unsupported by any material on record. It is contended that the allegation that the respondent-police authorities are conducting raids at the residence of the petitioners and interfering with their rights without any lawful basis has not been substantiated. It is further submitted that the allegations made against the respondent- police authorities are devoid of any reasonable basis. Accordingly, dismissal of the writ petition is sought.
5. I have perused the material available on record.
6. The contention of the petitioners is that the respondent-police authorities are interfering with their rights and those of their family members by conducting raids without even issuing prior notice. Having regard to the said assertion made on affidavit, and considering the limitations imposed upon the police authorities even in the course of criminal proceedings, the respondent-police authorities are directed to refrain from interfering with the life and liberty of the petitioners and their family members, save and except in strict accordance with law and upon following due process.
7. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous Petitions, pending if any, shall stand closed.
