UP: HC asks police not to harass relatives of accused, decries it as 'colonial' practice

Police 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 the Constitution, the Allahabad High Court has said.

A bench comprising Justice JJ Munir and Justice Tarun Saxena was hearing a petition by a woman and her relatives who had alleged harassment by Prayagraj police after her son ''eloped'' with the daughter of an 'informant''.

The court in its May 8 order restrained the police from summoning the petitioners to the police station or detaining them or threatening them on any pretext in connection with the FIR.

The petitioners, Munita Devi and others, had said that after her son, Ashish Kumar alias Chhotu, had eloped, and in order to trace out the couple, the police used to summon them every day to the police station and made them sit there till evening.

The court said that in contemporary times, the police have scientific methods to locate the accused and bring him to justice, instead of intimidating his relatives.

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, the bench said.

The court directed the Deputy Commissioner of Police (Yamuna Nagar) Prayagraj and the Station House Officer, Karchhana, to file affidavits explaining under what circumstances the petitioners are being summoned on a daily basis.

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