Madras HC Issues Police Interrogation Guidelines After T Nagar Petition

The Madras High Court has issued mandatory guidelines governing the interrogation of accused individuals and witnesses to prevent police harassment, disposing of a petition filed by R. Raja of T Nagar regarding alleged harassment by Mambalam police. Justice G. K. Ilanthiraiyan directed that police officers must refrain from harassing individuals called in for investigation and strictly follow legal procedures.

According to the directives issued by the court, police officers must summon a person named in a complaint or a witness through a written summons under Section 179 of the BNSS. The written summons must explicitly specify a particular date and time for the individual to appear before the investigating authorities.

The High Court also mandated that the minutes of any enquiry conducted by the police must be systematically recorded in the police station's general diary, station diary, or daily diary. Justice Ilanthiraiyan emphasized that police officers must refrain from harassing persons called upon during the course of an investigation.

The petition was brought before the court by R. Raja, who alleged that he had suffered harassment from Mambalam police under the guise of an ongoing investigation. Raja had approached the court seeking suitable directions to be issued to the police regarding their conduct.

In his order, Justice Ilanthiraiyan held that conducting an enquiry into a cognisable or non-cognisable offence remains within the unfettered powers of investigating officers, provided that such powers are legitimately exercised. The judge noted that although the BNSS empowers a magistrate to act as a guardian at all stages of a police investigation, there is no statutory provision permitting a magistrate to interfere with the actual mode of investigation.

However, the court asserted that it would not turn a blind eye to instances of police harassment under the guise of carrying out an investigation. Disposing of the petition, the court ruled that guidelines stipulated for preliminary enquiries or the registration of FIRs by the Supreme Court in the 2014 case of Lalita Kumari versus Government of Uttar Pradesh and others must be strictly adhered to by law enforcement officers.