Constitution of India – Articles 19 and 21 – Police Act (Kerala) – Section 117(e) – Police Surveillance – Domiciliary Visits – Right to Privacy.
2025 KER 44716
High Court of Kerala; V.G. Arun, J.
Crl.M.C. No. 3751/2025; June 19, 2025
Issue: Whether police have the authority to conduct domiciliary visits at night as part of surveillance of history sheeters, and whether refusal to comply with such directions constitutes an offence under Section 117(e) of the Kerala Police Act.
Facts: The petitioner, acquitted in a prior POCSO case, alleged police harassment through false cases and midnight surveillance visits. On April 3, 2025, police called the petitioner at 12:58 AM, directing him to step outside his house, and later visited to verify his presence. The petitioner, labeled a history sheeter, was charged under Section 117(e) of the Kerala Police Act for refusing to comply. He challenged the FIR, citing violation of his rights under Articles 19 and 21.
Held: The court quashed the FIR and proceedings in Crime No. 267/2025 of Thoppumpady Police Station. Relying on Kharak Singh v. State of U.P. (1962 SCC OnLine SC 10) and K.S. Puttaswamy v. Union of India ((2017) 10 SCC 1), the court held that domiciliary visits at night violate the right to privacy and personal liberty under Articles 19 and 21. The Kerala Police Manual permits only “informal watching” or “close watch” of history sheeters, not night visits. Directions to step out at midnight are not “lawful” under Section 39 of the Kerala Police Act, rendering Section 117(e) inapplicable. The court emphasized that privacy is intrinsic to dignity and cannot be infringed without legal justification.
Order: Criminal Miscellaneous Case allowed; FIR and proceedings quashed.
For Petitioner:
ADV. ASHIK K. MOHAMED ALI |
MUHAMMED RIFA P.M. |
EHLAS HALEEMA C.K. |
SALMAN FARIS
|
GAYATHRI ASHISH NAIR
|
For Respondents:
M.C. ASHI, SR.PP. |
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