The Kerala High Court has made a significant ruling, asserting that police officers do not have the authority to enter the homes of individuals with a history of criminal records under the guise of surveillance. Justice V.G. Arun delivered this verdict while addressing a petition filed by a man accused of obstructing police officers from performing their duties. The accusation stemmed from an incident where police officers, conducting a night check on individuals with criminal records, asked the man to step out of his home late at night.
In response to the petition, the court quashed the FIR against the man and terminated all related proceedings. The court emphasized that the police cannot use surveillance as a pretext to knock on doors or intrude into the houses of individuals with a criminal history. Justice Arun highlighted the importance of the concept of home, stating that it goes beyond being a mere physical dwelling and encompasses a range of emotional and social dimensions. The court underscored that every person's home is their castle, and its sanctity should not be violated by unwarranted disturbances at odd hours.
The High Court stressed the fundamental right to live with dignity, asserting that it is non-negotiable. The court referred to the Kerala Police Manual, which outlines the permissible forms of surveillance on individuals with criminal records, specifically 'informal watching' and 'close watch' over those leading a criminal lifestyle. The court clarified that neither of these methods allows for home visits at night.
Furthermore, the court addressed Section 39 of the Kerala Police Act, which mandates that all individuals comply with the lawful directions of a police officer in the performance of their duties. The court stated that knocking on the door of a person with a criminal history at midnight and demanding they come outside cannot be considered a lawful direction. Therefore, the petitioner could not be prosecuted for obstructing a police officer from carrying out their duties under the Kerala Police Act for refusing to comply with the demand to leave his home at night. This ruling reinforces the importance of individual privacy and the limitations of police power, even in the context of crime prevention and surveillance.